Noida Toll Bridge Company Limited V Federation Of Noida Residents Welfare Association & Ors., SLP No. 33403 Of 2016 - Update On Litigation

• Security Code: 532481
• Company: NOIDATOLL

This is to inform that the captioned matter came up for hearing on 03.04.2018 in the Hon'ble Supreme Court and the summary of the proceedings is provided herein below:

(1) Counsel appearing on behalf of the New Okhla Industrial Development Authority (NOIDA) submitted that the Report of the Comptroller and Auditor General of India (CAG) should be made available to all Respondents to enable them to effectively assist the Hon'ble Supreme Court bench in adjudicating the captioned matter.

(2) Senior Counsel appearing on behalf of the Petitioner (Noida Toll Bridge Company Ltd) objected to the prayer being sought by NOIDA counsel on the ground that: (i) CAG is not a party to the petition but instead was appointed by the Hon'ble Supreme Court to only assist the Court in determining the contention of the Petitioner that it had not recovered the Total Cost of Project and Returns as per the Concession Agreement terms and conditions, (ii) the main issue on merits is whether the Allahabad High Court had the jurisdiction to interfere and remove two provisions from a concluded and part performed commercial contract under a PIL petition. The issue was stressed that CAG Report itself is not relevant other than for the specific remit for which it was appointed.

(3) The Hon'ble Supreme Court bench, in view of the submissions stated above, directed that the captioned matter be listed in the month of July, 2018 for hearing on merits. The Hon'ble bench has further directed that the Report submitted by the CAG be kept in a sealed cover and the copy of the CAG Report need not be provided to the Respondents in the case.

The status of the case appearing on Supreme Court website is attached. This is for your information and records.