Arbitration petition dismissed as withdrawn following a settlement under the Vivad se Vishwas II scheme; deposit of Rs.15,65,43,131 with accrued interest directed to be released to the petitioner per rules.
Petition dismissed as withdrawn; deposit of Rs.15,65,43,131 with interest released to petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~27
NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Petitioner Through: Mr.Munindra Dvivedi and Ms.Divya Bhalla and Mr.Abhishek Chauhan, advts.
versus
MOKAMA MUNGER HIGHWAY LIMITED ..... Respondent Through: Mr.Abhay N.Das, Adv.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
O R D E R % 07.02.2024
I.A. 2928/2024 (ORDER 23 R 3 CPC ) & O.M.P. (COMM) 521/2020
Present application has been moved under Order XXIII Rule 3 CPC for withdrawal of the present petition i.e. O.M.P. (COMM) 521/2020 in view of the settlement under Vivad se Vishwas II scheme . The settlement deed has also been placed on record.
In view of the settlement arrived at between the parties, present petition bearing O.M.P. (COMM) No.521/2020 is dismissed as withdrawn.
Pending application also stands disposed of.
Next date of hearing i.e. 16.04.2024 stands cancelled.
I.A. 2929/2024 (seeking release of deposit of amount)
Learned counsel for the petitioner submits that in view of the settlement agreement dated 29.12.2023, the money deposited by the
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 15:31:31
petitioner may be released along with interest accrued thereon.
The settlement agreement dated 29.12.2023 also provides that NHAI shall be at liberty to refund of whole of amount of Rs.15,65,43,131/- along with interest accrued thereon.
Learned counsel for respondent submits that the money deposited may be released.
The Registry is directed to release the money deposited along with the interest thereon as per rules.
The application stands disposed of.
DINESH KUMAR SHARMA, J
FEBRUARY 7, 2024 rb
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 15:31:31
2 issues framed by the court
Whether the petition under Order XXIII Rule 3 CPC could be withdrawn in view of settlement under Vivad se Vishwas II scheme.
Whether the deposited amount along with interest should be released to the petitioner.
1 provisions across 1 enactments
National Highways Authority of India
Mokama Munger Highway Limited
DINESH KUMAR SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
