The petitioner sought directions for the respondent to return bank guarantees under a settlement agreement. Due to the petitioner's inability to confirm adherence to the settlement terms, the application did not survive and was dismissed.
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NORTHEAST TOLLWAYS PVT LTD. ..... Petitioner
Through: Mr. Chirag M. Shroff and Mr. Hemant Arya, Advocates.
versus
NATIONAL HIGHWAYS AUTHORITY OF INDIA & ORS. ..... Respondents Through: Ms. Gunjan Sinha Jain and Mr. Mukesh Kumar, Advocates.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU O R D E R
% 23.01.2017
IA No.10393/2016
“(a) Direct NHAI to comply with the settlement terms dated 31.3.2016 and 2.6.2016 as placed before this Hon'ble Court on 13.7.2016 and taken on record, pursuant to which the present petition was withdrawn by the Petitioner in terms thereof and return the Bank Guarantees No. 49580IGL0023614 AND 047321BG0000330 amounting to Rs 7.01 crores furnished by the applicant as Bid Security.”
petition and the same was dismissed as withdrawn.
50,00,000/- to NHAI in lieu of termination of contract on 29.07.2016. The same was accepted by NHAI. The grievance of the petitioner is that even after accepting the payment of 50,00,000/-, NHAI has not returned the bank guarantees agreed to in terms of the settlement."c) There shall be no other claims by either party. The concessionaire agreed to withdraw their claims from Arbitration and Court. After confirmation of the withdrawal of the claims from Arbitration and court, NHAI and concessionaire shall sign the settlement Agreement."
was required to return the bank guarantees, however, it has failed to do so. He states that in addition there are certain other claims which the petitioner is entitled to press. This is disputed by the learned counsel for NHAI.
VIBHU BAKHRU, J
JANUARY 23, 2017 ac
2 issues framed by the court
Whether the petitioner stands by the settlement terms recorded in the letter dated 02.06.2016 amidst a dispute over the return of bank guarantees.
Whether the High Court should pass further directions when one party fails to stand by a previously accepted settlement agreement.
Northeast Tollways Pvt Ltd.
National Highways Authority of India
Vibhu Bakhu
As recorded by the court registry
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