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2026 DAILYLAW 18327 (DEL)

NATIONAL HIGHWAYS AUTHORITY OF INDIA NHAI v. M S JSP PROJECTS PRIVATE LIMITED AND VARAHA INFRA LIMITED JV

O.M.P. (COMM)/360/2026 · 2026-09-14

Tushar Rao Gedela

body2026

Judgment text

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$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010356412026 + O.M.P. (COMM) 360/2026 NATIONAL HIGHWAYS AUTHORITY OF INDIA NHAI .....Petitioner Through: Mr. Nishant Awana, Ms. Apoorva Singh and Ms. Ekta Kundu, Advocates versus M S JSP PROJECTS PRIVATE LIMITED AND VARAHA INFRA LIMITED JV .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE TUSHAR RAO GEDELA O R D E R % 14.09.2026 I.A. 25018/2026 (U/s. 151 of CPC) 1. This is an application under Section 151 of the Code of Civil Procedure, 1908 filed on behalf of the petitioner, seeking withdrawal of the present petition on account of the fact that the claims awarded by the impugned arbitral award dated 27.04.2026 have been settled vide the Settlement Agreement dated 17.08.2026. The Settlement Agreement is appended to the present petition. 2. Issue notice. 3. It is stated by Ms. Apoorva Singh, learned counsel for the petitioner that as per the terms of settlement, the parties have mutually agreed that petitioner/National Highways Authority of India (hereinafter referred to as “NHAI”) would pay the principal amount of Rs.2.50 Crores to the respondent Contractor who agreed not to claim the interest on the awarded amount. She further states that the respondent Contractor has confirmed that there is no 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 19/09/2026 at 11:34:34 appeal pending against the impugned arbitral award by the Contractor in any Court of Law. It is further stated that under Clause 3.5 the petitioner had agreed to release the payment of Rs.2.50 Crores, as stipulated above, within one month of the signing of the Settlement Agreement. 4. Pursuant to the aforesaid terms and settlement, Ms. Apoorva Singh, learned counsel for the petitioner states that the NHAI has remitted to the respondent a sum of Rs.2.50 Crores on 02.09.2026 and in view thereof, the NHAI has furnished an e-mail and bank statement confirming the deposit of such amount. The learned counsel for the plaintiff is requested to handover copy of both the documents which may be taken on record. 5. It is stated that no other compliances are required to be completed. Ms. Apoorva Singh, learned counsel for the petitioner states that in terms of the aforesaid compliances, the petitioner may be permitted to withdraw the present petition having been settled in terms of the Settlement Agreement dated 17.08.2026. 6. In view of the above, the present petition bearing no.OMP (COMM) 360/2026 is disposed of as withdrawn in terms of the Settlement Agreement dated 17.08.2026. 7. The date already fixed i.e. 28.09.2026 before the Joint Registrar (Judl.) and 07.12.2026 before the Court are cancelled. TUSHAR RAO GEDELA, J SEPTEMBER 14, 2026 kct 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 19/09/2026 at 11:34:34