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2021 Supreme(Del) 1644

REKHA PALLI
Mep Sanjose Talaja Mahuva Road Pvt. Ltd. – Appellant
Versus
National Highways Authority Of India – Respondent


Advocates appeared:
Abhishek Manu Singhvi, Advocate, Rajiv Shankar Dwivedi, Advocate, Azeem Samuel, Advocate, Sushant Kumar Sarkar, Advocate, Rishabh Jain, Advocate, Parag Tripathi, Advocate, Padma Priya, Advocate, Shreya Sethi, Advocate, Mukul Rohatgi, Advocate, Atul Nanda, Advocate, Sandeep Sethi, Advocate, Sanjay Gupta, Advocate, Shivansh Singh, Advocate, Mehaak Jaggi, Advocate, Dhruv Nayar, Advocate

JUDGMENT

Rekha Palli, J. - The present decision disposes of four petitions under section 9 of the Arbitration & Conciliation Act, 1996 raising disputes in relation to two separate but similar Concession Agreements dated 08.07.2016 and 09.08.2016, executed between MEP, the Concessionaire and the National Highways Authority of India (NHAI). The first two petitions, being O.M.P.(I) (COMM.) 312/2020 and O.M.P.(I) (COMM.) 315/2020, have been filed by the Concessionaire seeking stay of the two notices issued by the NHAI on 18.09.2019 expressing its intention of terminating (IOT notice) the two Concession Agreements in question, as also from initiating any coercive actions in that respect. Whereas, the remaining two petitions, being O.M.P.(I) (COMM.) 328/2020 and O.M.P.(I) (COMM.) 329/2020, have been filed by the senior lenders' representative, India Infrastructure Finance Company Limited (IIFCL), seeking certain specific injunctions against the NHAI for the purpose of ensuring that the rights of the senior lenders under the two Concession Agreements and the consequently executed two Substitu

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