2022 Supreme(Del) 409
YASHWANT VARMA
IDBI Bank Limited On Behalf of The Senior Lenders – Appellant
Versus
National Highways Authority of India – Respondent
Advocates:
Advocate Appeared:
For the Appellant : Mr. Sandeep Sethi, Sr. Adv. with Mr. Raunak Dhillon, Ms. Madhavi Khanna & Ms. Ananya Dhar Choudhury, Advs.
For the Respondents: Mr. Parag P. Tripathi, Sr. Adv. with Mr. Ankur Mittal, Mr. Abhay Gupta & Mr. Yash Kapoor, Advs. for NHAI. Ms. Kiran Suri, Sr. Adv. with Mr. Suryadeep Singh, Mr. Sidhant Dwibedi, Mr. Rishabh Sharma, Mr. Sidhant Dwibedi, Ms. Radha R. Tarkar, Mr. Aaron Shaw & Mr. Vinay Tripathi, Advs.
JUDGMENT :
1. This writ petition has been preferred by IDBI Bank on behalf of the senior lenders constituting a consortium of banks which had extended credit facilities to the second respondent. The writ petitioner prays for the following reliefs: -
“a) Issue a writ in the nature of Mandamus, or any other appropriate writ, order or direction, thereby, directing the Respondent No. 1 (NHAI)to give its administrative approval for extension of the Concession Period till at least August 26, 2023 (a total period of 28 months and 24 days commencing the expiry of the original Concession Period) in accordance with Article 29 of the Concession Agreement dated July 06, 2008 as per the assessment done by the Independent Engineer vide letter dated August 01, 2018; b) Issue a writ in the nature of Mandamus, or any other appropriate writ, order or direction, thereby, directing the Respondent No. 1 (NHAI) to give its administrative approval for extension of the Concession Period in accordance with Article 34 of the Concession Agreement dated July 06, 2008 for a period of 63, 94 days and 364 days for Covid 19 and Kisan andolan respectively; c) Issue a writ in the nature of Mandamus, or any other appr
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