Delhi High Court
O.M.P.(I) (COMM.)/447/2026 of MACCAFERRI INFRASTRUCTURE PVT LTD Vs NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED & ORS. on 28 September 2026
HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010465962026 + O.M.P.(I) (COMM.) 447/2026, I.A. 26950/2026, I.A. 26951/2026 & I.A. 26952/2026 MACCAFERRI INFRASTRUCTURE PVT LTD .....Petitioner Through: Mr. Palash S. Singhai, Mr. Harshal Sareen, Ms. Srishti Ramchandani, Ms. Neha Kiran and Mr.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
CNR No. DLHC010465962026
+
O.M.P.(I) (COMM.) 447/2026, I.A. 26950/2026, I.A. 26951/2026 &
I.A. 26952/2026
MACCAFERRI INFRASTRUCTURE PVT LTD .....Petitioner Through:
Mr. Palash S. Singhai, Mr. Harshal
Sareen, Ms. Srishti Ramchandani, Ms.
Neha
Kiran
and
Mr.
Anuj
K.
Maheshwari, Advocates.
versus
NATIONAL HIGHWAYS AND INFRASTRUCTURE
DEVELOPMENT CORPORATION LIMITED & ORS.
.....Respondents
Through:
Mr. S.K. Pandey, Mr. Anshul Rai and
Ms. Mallika Ranjan, Advocates.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
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O R D E R
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28.09.2026
1. This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking ad-interim measures of protection against the invocation and encashment of the bank guarantees and coercive action pursuant to show cause notice dated 18.09.2026.
2. The learned counsel for the petitioner states that reply dated 26.09.2026 has already been submitted by the petitioner to the respondent no.1, which is yet to be considered.
3. Mr. S.K. Pandey, learned counsel appearing on advance notice for respondent no.1 states that he has no instructions in respect of the receipt of the reply to the impugned show cause notice, however, he states that the said reply, if received, shall be considered on its own merits. 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 30/09/2026 at 12:27:50
4. Having regard to the aforesaid and since the stage of any real and present apprehension is yet to arrive, this Court is right now not inclined to pass any orders.
5. However, it is relevant to note that the petitioner has stated that it is ready and willing to extend and keep the bank guarantees valid.
6. In view of the above, the present petition is disposed of directing the respondents to consider and dispose of the reply dated 26.09.2026 of the petitioner to the show cause notice dated 18.09.2026.
7. The petitioner is at liberty to approach this Court post such decision to be made by the respondent no.1
8. The petition is disposed of alongwith all the pending applications.
TUSHAR RAO GEDELA, J SEPTEMBER 28, 2026/anj
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 30/09/2026 at 12:27:50