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2020 DIGILAW 1391 (DEL)

Gmr Ambala Candhigarh Expressways Pvt Ltd v. National Highway Authority of India

2020-10-20

MANMOHAN, SANJEEV NARULA

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JUDGMENT Manmohan, J. - The appeals have been heard by way of video conferencing. 2. In view of the earlier Division Bench judgment of this Court in Nussli Switzerland Ltd. Vs. Organizing Committee Commonwealth Games,2014 SCCOnLineDel 4834 as well as that of the Bombay High Court in Dirk India Private Limited Vs. Maharashtra State Electricity Generation Company Limited,2013 SCCOnLineBom 481, which have held that a party whose claim has been rejected by the Arbitral Tribunal cannot maintain a Section 9 application for an interim relief, the present appeals along with pending applications are dismissed. 3. However, learned senior counsel for the appellants state that the appellants intend to approach the Supreme Court against this judgment as well as the orders dated 24th September, 2020 passed by a learned Single Judge of this Court dismissing the appellants'' applications being I.A.Nos.8412/2020 and 8417/2020 under Section 36 of the Arbitration Act. Accordingly, they state that the respondents be directed not to take any coercive action for a period of three weeks, as otherwise the prayer of the appellants for interim relief would become infructuous. 4. Keeping in view the aforesaid, it is directed that the respondents shall not take any coercive action against the appellants for a period of three weeks on account of the impugned orders passed by the learned Single Judge. 5. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.