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2026 Supreme(Online)(Del) 6549

IN THE HIGH COURT OF DELHI AT NEW DELHI
M/S NKG INFRASTRUCTURE LTD. – Appellant
Versus
AIRPORT AUTHORITY OF INDIA (AAI) THROUGH DJM/JT. GM ENGG. (C) JABALPUR AIRPORT – Respondent


MINI PUSHKARNA, J (ORAL):

I.A. Nos. 11833/2026 & 11834/2026 (For Exemptions)

1. Exemptions allowed, subject to all just exceptions.

2. Applications are accordingly disposed of.

O.M.P.(I) (COMM.) 185/2026 & I.A. No. 11835/2026

3. The present petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) assailing the letters dated 24th April, 2026, issued by the respondent to various banks for encashment of bank guarantees aggregating to Rs. 3,17,00,000/-.

4. Learned counsel for the petitioner submits that the said invocation/encashment is wholly arbitrary, illegal and unsustainable, particularly when the disputes between the parties are pending adjudication before the Dispute Resolution Committee (“DRC”), constituted under Clause 25 of the Agreement dated 04th June, 2019, entered into between the parties for work of upgradation of Jabalpur Airport.

5. Learned counsel appearing for the petitioner further submits that the petitioner had invoked Clause 25 of the Agreement on 19th January, 2026 for reference of disputes to the DRC, and thereafter to arbitration. However, the respondent has failed to effectively and promptly constitute a functional DR

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