Leave granted.
Three issues stood decided by the impugned judgment dated
18.10.2024. The first issue pertains to the applicability of Order
XXXVIII Rule 5 of the Code of Civil Procedure, 19081, in the facts
and circumstances of the present case. On the said issue/aspect, we
do not find any good ground and reason to interfere with the
impugned judgment. However, we clarify that, in case there is any
change in the facts and circumstances, it would be open to the
appellant, National Highways Authority of India2, to move a fresh
application and satisfy the Court that the conditions mentioned in
Order XXXVIII Rule 5 CPC are fulfilled.
We further clarify that the decision on the first
Signatureissue/aspectNot Verified shall not have any bearing on the execution
Deepak Guglani 1 For short, “CPC.”
2 For short, “NHAI.”
proceedings, stated to have been filed by the appellant, NHAI.
The second and the third issues/aspects decided in the
impugned judgment, from paragraphs 28.1.7 to 28.1.9 and 28.2.1 to
28.3 respectively, will be treated as erased and the directions/
observations made there are set aside. This is being done in view
of the statement made by the learned Senior Advocate appearing for
the respondent, M/s. IRB Ahmedabad Vadodara Super Express Tollways
Pvt. Ltd. We must record that a similar statement is also made by
the learned Senior Advocate appearing for IRB Infrastructure
Developers Limited.
It is clarified that the direction to erase the aforesaid
paragraphs or the observations and findings recorded therein shall
not be treated as an expression of opinion by this Court on the
merit of the rival pleas and contentions of the parties, which may
be raised before the appropriate forum.
Recording the aforesaid, the appeal is disposed of.
Pending application(s), if any, shall stand disposed of.