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DELHI HIGH COURT
REKHA PALLI
West Haryana Highways Projects Private Limited – Appellant
Versus
National Highways Authority of India – Respondent


JUDGMENT

Rekha Palli, J. The present decision disposes of two petitions under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as `the Act'), both filed by the Concessionaire, raising disputes pertaining to the Concession Agreement dated 06.11.2007 executed with respondent no.1.

2. In the first petition, OMP(I)(COMM.) 144/2020, the petitioner has sought the following reliefs:

    (a) Pending the adjudication of the disputes, issue an ad interim ex-parte injunction/interim measures as contemplated under Section 9 of the Arbitration and Conciliation Act, 1996, thereby restraining the respondent from taking any action to enforce the said impugned tender i.e. NIT No. NHAI/RO/CHD/11101/PD-RTK/DLH-RTK/NH-0/O&M/R&C/RFP dated 17.04.2020 with respect to 4-6 laning of Delhi/Haryana border to Rohtak Section of NH-10 from 29.700 to Km 87.000 including Bahadurgarh and Rohtak bypasses in the State of Haryana under NHDP Phase II(A) on BOT basis-Phase-I Repair & Maintenance works from 30.000 to km 44.000 or to enter into any contract or agreement or to award the said tender;

    (b) Pending the adjudication of the dispute, issue an ad interim ex-parte injunction/interim

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