Disposed¶17

M/S Nkg Infrastructure Ltd. v. Airport Authority of India

Delhi HC6 Feb 2026W.P.(C)/1712/2026

Case brief

AI extract

What is this about?

W.P.(C) 1712/2026; CM APPL. 8398/2026, 8399/2026, 8400/2026; M/S NKG Infrastructure Ltd. v. Airport Authority of India; Delhi High Court; Purushaindra Kumar Kaurav; decided 06.02.2026; Clause 25 General Conditions of Contract (GCC); Dispute Resolution Committee (DRC); Section 9 Arbitration and Conciliation Act 1996; Article 226 Constitution of India; interim measure; O.M.P.(I) (COMM.) 20/2026; coercive steps; crystallization of compensation; petition disposed of with liberty.

What did the court decide?

Liberty granted in favour of the petitioner; the petition stands disposed of. ¶17

M/S Nkg Infrastructure Ltd. Vs Airport Authority of India — Arbitration | Delhi HC (2026)

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$~20

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 1712/2026 and CM APPL. 8398/2026, CM APPL. 8399/2026, CM APPL. 8400/2026

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M/S NKG INFRASTRUCTURE LTD.

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.....Petitioner

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Through: Mr. Manish Gupta, Ms. Manaswee Gupta, Mr. Sowmya China, Mr. Ankit Gupta, Advs.

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versus

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AIRPORT AUTHORITY OF INDIA .....Respondent

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Through: Mr. Counsel ( appearance not given )

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CORAM:

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HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 06.02.2026

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The facts of the case would indicate that earlier the petitioner invoked provisions of Section 9 of the Arbitration and Conciliation Act, 1996 ( hereinafter ‘the A & C Act’ ) and the Court vide order dated 19.01.2026 passed in O.M.P.(I) (COMM.) 20/2026, noted that the respondent would not take coercive steps against the petitioner prior to crystallization of the compensation amount by the respondent-Authority.

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The petitioner, however, submits that, thereafter, the steps were taken by the petitioner for the constitution of the Dispute Resolution Committee (DRC), however, the petitioner will have to wait for 15 days, and, therefore, under these compelling circumstances, he is left with no other option except to approach this Court by way of the instant petition.

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This is a digitally signed order.

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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 09/02/2026 at 12:57:42

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Clause 25 of the General Conditions of Contract (‘GCC’) provides that the dispute shall first be referred to the DRC constituted thereunder. However, if in interregnum, the circumstances require any interim measure by the Court, the petitioner can very well invoke Section 9 of the A & C Act. The petitioner had taken recourse of the said provision in his earlier petition. There is no reason as to why, at this point of time, the petitioner should be allowed to deviate and to take the recourse of Article 226 of the Constitution of India.

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Accordingly, granting that liberty in favour of the petitioner, the petition stands disposed of.

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PURUSHAINDRA KUMAR KAURAV, J

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FEBRUARY 6, 2026 aks/ap

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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 09/02/2026 at 12:57:42

M/S Nkg Infrastructure Ltd. v. Airport Authority of India

Case brief

What is this about?

What did the court decide?

M/S Nkg Infrastructure Ltd. v. Airport Authority of India

Case brief

What is this about?

What did the court decide?

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What the court decided

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