Power Under Section 9 Of The A&C Act Cannot Be Exercised For Directing Specific Performance Of The Contract: Reiterates Delhi High Court

The Delhi High Court has reiterated that power under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be exercised for directing specific performance of the contract itself. The Court observed that the Single Judge, in its order dismissing the petition under Section 9 of the A&C Act, had held that prima facie there was no automatic extension of the Concession Period. The High Court noted that the Single Judge had also observed that the appellant had withdrawn its the writ petition challenging the award of tender in favour of the third parties and that the said third-parties were not impleaded in the petition filed under Section 9 of the A&C Act for interim measures. The High Court further observed that the Single Judge had held that grant of the relief sought by the appellant in its petition under Section 9 would amount to extending the Contract between the parties in contrivance to the decision of the respondent, wherein the respondent had agreed to extended the Concession Agreement only up to a certain period. The High Court held that the appellant had failed to challenge the decision of the respondent of not granting any further extension under the Concession Agreement, beyond the extension already granted to the appellant.