JUDGMENT :

ASHA MENON, J.

O.M.P. (I) (COMM) No. 152/2021 and I.A. No. 7511/2021 (by the petitioner u/s 151 CPC for filing amended written submissions along with updated relevant documents/judgments)

1. This petition has been filed by the petitioner/Navayuga Bengalooru Tollway Pvt. Ltd. (for short, “NBTPL”) under Section 9 of the Arbitration and Conciliation Act, 1996 (for short “A&C Act”) seeking the following reliefs:

“(i) Direct the respondent to release and/or deposit the amount of at least the 90% of the total Debt Due amounting to Rs. 395.11 crores in the Escrow Account and/or pay the said amount to the Lenders mentioned above.

(ii) Direct the respondent to pay 90% of the Debt due including 90% of the subordinate Debt amounting to Rs. 693.89 Cr. to Project Lenders and Sub-Debt holders.

(iii) Pass such other or further Orders as this Hon'ble Court may deem fit and proper in the interest of justice.”

2. The facts as are relevant for the disposal of the present petition are that the petitioner/NBTPL was set up as a Special Purpose Vehicle Company under the Companies Act, 1956 with its registered office at Hyderabad, especially for the Designing, Engineering, Finance, Construction, Opera