Delhi High Court
Ramky Infrastructure Limited And Eci … vs National Highways And Infrastructure … on 11 June, 2025
$~SB-28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 11.06.2025
+ O.M.P.(I) (COMM.) 230/2025 & I.A. 14735/2025, I.A. 14736/2025
& I.A. 14737/2025
RAMKY INFRASTRUCTURE LIMITED AND ECI
ENGINEERING CONSTRUCTION COMPANY
LIMITED (JV) .....Petitioner
Through: Mr. Salil Sinha, Mr. Vipul Kumar
Sharma, Mr. Sahil Chandra, Mr.
Kushal Mishra & Ms. Stuti Jain,
Advocates.
versus
NATIONAL HIGHWAYS AND INFRASTRUCTURE
DEVELOPMENT CORPORATION LTD & ANR. .....Respondents
Through: Mr. Kamal Kant Jha, Mr. Avinash
Singh & Mr. Manas Tiwari,
Advocates for Respondent No.1.
Mr. Sumeet Batra, Mr. D.K. Sachar,
Dr. Roopanshi Batra & Mr. Rishabh
Jain, Advocates for Respondent
No.2/Karur Vysya Bank Limited.
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 11.06.2025
TEJAS KARIA, J. (Oral)
1. The Petitioner has filed the present Petition under Section 9 of the
Signature Not Verified
Signed By:NEELAM
SHARMA
Signing Date:12.06.2025 O.M.P.(I) (COMM.) 230/2025 Page 1 of 3
21:24:20
Arbitration and Conciliation Act, 1996 (‘Act’) seeking urgent interim reliefs
in relation to a Contract Agreement dated 12.05.2016 (‘Agreement’) entered
into between the Petitioner and the Respondent No.1 for the purpose of four-
laning of Dimapur – Kohima Road (‘Project’) in the state of Nagaland.
2. The learned Counsel for the Petitioner submits that the present
Petition has been filed for seeking urgent interim measures against the
unilateral and coercive actions of Respondent No.1 in invoking the
Performance Bank Guarantee amounting to ₹19.35 crores and initiating
termination of the Agreement despite completion of the Project.
3. The learned Counsel for the Petitioner submits that the Petitioner has
already invoked Arbitration in compliance with the Arbitration Agreement
contained under Clause 26.3 of the Agreement and appointed its nominee
Arbitrator.
4. The learned Counsel for Respondent No. 1 has entered appearance on
advance service and states that Respondent No. 1 has also appointed its
nominee Arbitrator and the Performance Bank Guarantee has already been
encashed.
5. After some arguments, the learned Counsel for the Petitioner and
Respondent No. 1 agree to request the nominee Arbitrators to appoint the
Presiding Arbitrator at the earliest and once the Arbitral Tribunal is
constituted, the present Petition with any modification and/or addition, as
may be necessary, shall be filed before the learned Arbitral Tribunal for
consideration under Section 17 of the Act.
6. At joint request of the parties, the present Petition is disposed of with
a liberty to the parties to approach the learned Arbitral Tribunal, once
constituted, for the grant of appropriate interim measures.
Signature Not Verified
Signed By:NEELAM
SHARMA
Signing Date:12.06.2025 O.M.P.(I) (COMM.) 230/2025 Page 2 of 3
21:24:20
7. Pending applications are also disposed of.
TEJAS KARIA, J
(VACATION JUDGE)
JUNE 11, 2025/ ‘ST’
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Signature Not Verified
Signed By:NEELAM
SHARMA
Signing Date:12.06.2025 O.M.P.(I) (COMM.) 230/2025 Page 3 of 3
21:24:20