Advocate Sushila
DELHI HIGH COURT REITERATES CIRCUMSTANCES FOR GRANT OF INTERIM PROTECTION UNDER ARBITRATION ACT 1996
Advocate Sushila Ram 16 Jul 2021

DELHI HIGH COURT REITERATES CIRCUMSTANCES FOR GRANT OF INTERIM PROTECTION UNDER ARBITRATION ACT 1996

A Single Judge Bench of the Hon’ble #DelhiHighCourt (High Court) comprising of Justice Asha Menon passed a #Judgment dated 06-07-2021 in the case of Navayuga Bengalooru Tollway Pvt Ltd v. National Highways Authority Of India O.M.P. (I) (COMM) 152/2021 and held that the power to issue the directions pertaining to ‘#interimmeasures’ and ‘#protection’ under Section 9 of the #Arbitration and Conciliation Act, 1996 (Act) can only be exercised, if there is no final #adjudication involved and if the matter does not require an interpretation and enforcement of the terms of a #contract.


In the present case, Navayuga Bengalooru Tollway Pvt. Ltd. (NBTPL), (hereinafter Petitioner) was set up as a Special Purpose Vehicle Company under the Companies Act, 1956 having its registered office at Hyderabad, for the purpose of Designing, Engineering, Finance, Construction, Operation and Maintenance of Access controlled highway project namely, the development and the capacity improvement of the existing carriageways from 10000 km to 29500 km, on the Bangalore Nelamangala section of the National Highway No.4 (NH-4) in the State of Karnataka on BOT basis for the respondent/National Highway Authority of India (#NHAI), (hereinafter Respondent).


To read more, please visit the link below:


https://theindianlawyer.in/delhi-high-court-reiterates-circumstances-for-grant-of-interim-protection-under-arbitration-act-1996/


#delhihighcourt #arbitration #interimrelief

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