# NATIONAL HIGHWAYS AUTHORITY OF INDIA vs M/S PCL-SUNCON

Court: Delhi High Court
Date: 2025-04-24
Citation: O.M.P. (COMM)-255/2016 2025:DHC:3148
Petitioner: NATIONAL HIGHWAYS AUTHORITY OF INDIA
Respondent: M/S PCL-SUNCON

[Official PDF on Delhi High Court website](https://delhihighcourt.nic.in/app/showFileJudgment/JSM24042025OMPCOMM2552016_111211.pdf)

## Judgment text (excerpt)

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 24.04.2025 + O.M.P. (COMM) 255/2016 NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Petitioner Through: Mr. KK Sharma, Sr. Adv with Mr. Naman Saraswat, Mr. Ram Pranesh Rai, Advs. versus M/S PCL-SUNCON .....Respondent Through: Mr. Apoorv Kurup, Sr. Adv with Arjun D Singh, Mr. Yimyanger, Ms. Niddhi Mittal, Advs. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH : JASMEET SINGH, J (ORAL) 1. This is a petition filed under section 34 of Arbitration and Conciliation Act, 1996 seeking setting of the impugned majority award dated 27.02.2014 passed by the learned Arbitral Tribunal. 2. Brief facts are that the respondent (Joint Venture) had entered into a Contract with the petitioner i.e. NHAI on 20.09.2001 for execution of the work of Four Laning and strengthening of the existing two Lane Highway from Km 320 to Km 398.75 of NH2 in Jharkhand, Construction Package V-C, the contract price valued at Rs. 3. During the execution of the work, a dispute arose between the parties with respect to “non-execution of work of lean concrete bed (100 mm thick) below RCC kerb” (dispute No. 9). 4. In accordance with the arbitration procedure envisaged under the Cont

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