$~14

* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Decision: 06^th January, 2026

+ O.M.P.(I) (COMM.) 6/2026 & I.A. 289/2026

M/S KGK ENGINEERS PVT LTD .....Petitioner

Through: Mr. K. Shiva, Advocate (M:

8489662301)

(Email:shivakrishnamurti@gmail.com)

versus

NATIONAL HIGHWAYS AUTHORITY OF INDIA

NHAI & ANR. .....Respondents

Through: Mr. Manish K. Bishnoi, Mr. Khubaib

Shakeel, Advocates for NHAI (M:7006913529) Email:

kskhubaib07@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

MINI PUSHKARNA, J (ORAL):

1. The present petition has been filed under Section 9 (1) (ii) (e) of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) seeking injunction for restraining the respondent no.1 from terminating the Contract Agreement dated 30^th June, 2023 executed between the parties, and consequently restraining the respondents from invoking the Bank

Guarantees provided by the petitioner.

2. As per the case put forth by the petitioner, the petitioner had emerged as the successful bidder in the „Request For Proposal‟ (“RFP”) for permanent rectification of black spot by construction of a light vehicular

underpass at Poottuthakku Junction in Krishnagiri-Walajapet Section of NH-48 in Tamil Nadu. The Contra