VIVA INFRAVENTURE PRIVATE LIMITED vs NATIONAL HIGHWAY AUTHORITY OF INDIA

Judgment text excerpt

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 19.05.2026 + O.M.P.(I) (COMM.) 217/2026 & I.A. 14049/2026 (Ex. From filing certified/original copies of document no.3) VIVA INFRAVENTURE PRIVATE LIMITED .....Petitioner Through: Mr. Shashank Garg, Senior Advocate along with Mr. Kumar Deepraj and Mr. Prithviraj Oberoi, Advocates. versus NATIONAL HIGHWAY AUTHORITY OF INDIA .....Respondent Through: Mr. Santosh Kumar, Standing Counsel along with Mr. Adithya Ramani, Advocate. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) HARISH VAIDYANATHAN SHANKAR, J. 1. The present Petition, filed under Section 9 of the Arbitration and Conciliation Act, 19961, seeks the following reliefs:- “a) Pass an ad-interim ex parte order and thereafter confirm the same, thereby restraining the Respondent, its officers, servants, agents, representatives, assigns, or any person acting on its behalf, from giving effect to, acting pursuant to, or taking any coercive steps pursuant to the Notice of Intention to 1 The Act Signature Not Verified Digitally Signed By:HARVINDER KAUR O.M.P.(I) (COMM.) 217/2026 Page 1 of 7 BHATIA Signing Date:20.05.2026 19:34:11 Terminate dated 04.05.2026 issued under Clause 23.l(i) of the EPC Agreement dated 09.02.2022; b) Restrain the Respondent from terminating and/ or giving effect to termination of the EPC Agreement dated 09.02.2022 executed between the Petitioner and the Respondent in relation to the Project namely "Four Laning of Honnavar Port Connectivity Road from Km 0.00 (Kasarkod side of Honnavar Port) to Km 2.58 (towards NH-66) connecting Honnavar Port with NH-66 at Km 196.00 and improvement of NH-66 from Km 195.00 to Km 197.00 under EPC Mode under Bharatmala Phase-I, Karnataka", during pendency of the arbitral proceedings; c