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Hindustan Construction Company Limited and Another v. Union of India and Others

The two interlocutory applications are filed for two reliefs. One is to stay further proceedings before the National Company Law Tribunal, and the second is to direct respondent Nos. 5-8 – Union of India-National Highways Authority of India, NHPC Ltd., IRCON International Ltd. and NTPC Limited to pay off amounts due under the Awards of IA No. 139647/2019 and IA No. 139405/2019 in Writ Petition(s) (Civil) No. 1074/2019 Arbitrators which have not been stayed by any Court, amounting to a sum of Rs. 6,070 crores.

(Rohinton Fali Nariman and Surya Kant, JJ.)

Hindustan Construction Company Limited and Another ___ Petitioner(s);

v.

Union of India and Others _________________________ Respondent(s).

IA No. 139647/2019 And IA No. 139405/2019 In Writ Petition(s) (Civil) No. 1074/2019, decided on September 13, 2019

(Only I.A. No. 139405 and I.A. No. 139647 of 2019 in WP(C) No. 1074/2019 to be Listed on 13.9.19)

The Order of the court was delivered by


Order

1. The two interlocutory applications are filed for two reliefs. One is to stay further proceedings before the National Company Law Tribunal, and the second is to direct respondent Nos. 5-8 – Union of India-National Highways Authority of India, NHPC Ltd., IRCON International Ltd. and NTPC Limited to pay off amounts due under the Awards of IA No. 139647/2019 and IA No. 139405/2019 in Writ Petition(s) (Civil) No. 1074/2019 Arbitrators which have not been stayed by any Court, amounting to a sum of Rs. 6,070 crores.

2. Dr. Singhvi, learned senior counsel, states that his client will pay the Operational Creditors in these two interlocutory applications, amounts of Rs. 8.81 crores and 26.21 crores within a period of 12 weeks from today. We record the aforesaid statement.

3. We also issue notice to the respondents in the two interlocutory applications.

4. Dasti service, in addition, is permitted.

5. List the matter on 04th October, 2019.

6. Dr. Singhvi further states that this order which is passed by us at 11.45 a.m. today, will be communicated orally to the NCLT which, apparently, is taking up these matters today.

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