HK Toll Road Private Limited vs National Highways Authority of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
VIBHU BAKHRU
HK Toll Road Private Limited – Appellant
Versus
National Highways Authority of India – Respondent

Table of Content
1. injunction sought under a&c act. (Para 3 , 4 , 5 , 6 , 7 , 8)
2. dispute over damages and escrow account. (Para 9 , 10 , 11 , 12 , 13)
3. interpretation of concession agreement clauses. (Para 14 , 15 , 16)
4. court analysis of enforceability of certified damages. (Para 17 , 19 , 20)
5. petition dismissed. (Para 21)

JUDGMENT

Vibhu Bakhru, J. (Oral)

IA No.5668/2022 (for exemption)

1. Exemption is allowed, subject to all just exceptions.

2. The application is disposed of.

O.M.P.(I) (COMM.) 118/2022

3. The petitioner has filed the present petition under Section 9 of the Arbitration & Conciliation Act, 1996 (hereafter the `A&C Act'), inter alia, praying as under:

"a) Grant an injunction against the Respondent from recovering any amount whatsoever for alleged breach of contractual obligations in terms of letter dated 08.10.2021 from the Escrow Account bearing No. 1903201010137 of Canara Bank at Prime Corporate Branch, Mumbai.

b) Grant an injunction on the operation of the letter dated 09.09.2021 issued by the Respondent and the IE's letters dated 22.10.2021 and 02.02.2022, directing the proposed levy and recovery of the damages from the Petitioner.

c) Grant ex

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DELHI HIGH COURTVIBHU BAKHRUHK Toll Road Private Limited – AppellantVersusNational Highways Authority of India – Respondent

DELHI HIGH COURT
VIBHU BAKHRU
HK Toll Road Private Limited – Appellant
Versus
National Highways Authority of India – Respondent