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2021 Supreme(Del) 639

SURESH KUMAR KAIT
CG Tollway Limited – Appellant
Versus
National Highway Authority Of India – Respondent


Advocate Appeared:
For the Appellant :Mr. Vikram Nankani, Mr. Ashish Batra, Mr. Sarthak Sachdev & Ms. Terresa R. Daulat, Advocates
For the Respondent:Mr. Sudhir Gupta, Senior Advocate with Mr. Amarjit Singh Bedi, Mr. Umang Gupta & Ms. Shweta Chauhan, Advocates

JUDGMENT :

1. Petitioners in the above captioned three petitions are companies incorporated under the provisions of Companies Act, 1956 and are subsidiary of M/s IRB Infrastructure Developers Limited, who claims to be the largest infrastructure developers in India with vast experience in construction, operation & maintenance of highway projects. Respondent is a statutory body constituted under the National Highways Authority of India Act, 1988 (NHAI) and respondent No. 2 has been incorporated under Societies Registration Act, 1860 formed by NHAI along with NHBF for settlement of disputes through arbitration.

2. Since similar relief has been sought in these petitions, therefore, with the consent of learned counsel for the parties, these petitions were heard together and are being disposed of by this common judgment.

3. In the above captioned first petition [ARB.P.888/2021], the petitioner-Company was awarded a project of six laning of Kishangarh Udaipur Ahmedabad Section from Km. 90.000 (near Gulabpura) to Km. 214.870 (end of Chittorgarh bypass) of NH-79 in the State of Rajasthan package - 2 under NHDP Phase-Von BOT (Toll) for which a Concession Agreement dated 09.12.2016 was executed

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