RACHANA INFRASTRUCTURE LIMITED vs NATIONAL HIGHWAYS AUTHORITY OF INDIA & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 30.01.2025 + O.M.P.(I) (COMM.) 25/2025, IAs 1605-1606/2025 RACHANA INFRASTRUCTURE LIMITED .....Petitioner Through: Dr. Amit George, Mr. Malak Bhatt, Mr. Rushabh Shah, Ms. Neeha Nagpal, Ms. Nitya Prabhakar and Ms. Kaiona Chhatrapati, Advocates. versus NATIONAL HIGHWAYS AUTHORITY OF INDIA & ANR .....Respondents Through: Mr. Shivam Goel, Mr. Anil Kumar Goyal and Ms. Ramya S. Goel, Advocates for respondent no.2. Mr. Rajiv Dalal, Mr. Vikas Bhardwaj, Ms. Aditya and Mr. Saksham, Advocates for respondent no.2. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. By way of present petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (hereafter referred, the „A&C Act‟), the petitioner seeks the following reliefs: - “a) Pass an order directing the Respondent No. 1 to refrain from making direct payments to Respondent No.2 and deposit all future payments made under the Engineering, Procurement, and Construction Contract dated 02.09.2022 into a fresh Joint Escrow Account, jointly operated by the Petitioner and Respondent No.2, in accordance with the terms of the APPENDIX-V, Joint Bidding Agreement dated 23.11.2021; and/or Signature Not Verified O.M.P.(I) (COMM.) 25/2025 Page 1 of 7 Digitally Signed By:GAUTAM ASWAL Signing Date:25.02.2025 16:01:25 b) Pass an order directing Respondent No. 1 to provide a detailed rendition of all payments made directly to Respondent No. 2 under the Engineering, Procurement, and Construction Contract dated 02.09.2022 to date, along with a clear and comprehensive account of the corresponding work executed by the parties, as per the terms of the APPENDIX-V, Joint Bidding Agreement dated 23.11.2021; and/or c) Pass an order directing Respondent No. 1 and 2 to kee