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july 2018

Supreme Court of India · 2018-07-13

National Highways Authority Of India ... vs M/S Gwalior Jhansi Expressway Limited ...

Citation / case number
AIR 2018 SUPREME COURT 3380
Court
Supreme Court of India
Petitioner
National Highways Authority Of India ...
Respondent
M/S Gwalior Jhansi Expressway Limited ...
Author
A.M. Khanwilkar
Bench
D.Y. Chandrachud, A.M. Khanwilkar, Dipak Misra

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of the appellant's appeal under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996, which sought to quash the Arbitral Tribunal's order allowing the respondent to exercise the Right of First Refusal (ROFR) and match the lowest bid. The Court emphasized that the Arbitral Tribunal had the authority under Section 17 to grant interim reliefs necessary for the protection of rights during arbitration. The decision reinforced the principle that interim measures can be granted to ensure effective arbitration proceedings.

National Highways Authority Of India ... vs M/S Gwalior Jhansi Expressway Limited ... · Niyam