M/S KNR TIRUMALA INFRA PVT LTD vs NATIONAL HIGHWAYS AUTHORITY OF INDIA

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 27.05.2025 Judgment pronounced on: 29.08.2025 + ARB. P. NO. 1733 OF 2024 M/s. KNR Tirumala Infra Pvt. Ltd. .....Petitioner Through: Mr. Siddhant Dwibedi, Mr. Manoj Kumar, Advs. versus National Highways Authority of India .....Respondent Through: Mr. Santosh Kumar, Standing Counsel with Mr. Devansh Malhotra, Mr. Kartik Gupta, Mr. Vaibhav Mishra, Mr. Adithya Ramani, Advs. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH JUDGMENT 1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (“the Act”), seeking directions for the appointment of the petitioner’s nominee Arbitrator, Mr. Subhas I. Patel, outside the panel of Arbitrators maintained by the Society for Affordable Redressal of Disputes (“SAROD”). FACTUAL BACKGROUND 2. The respondent, National Highways Authority of India (“NHAI”), invited bids for the work of six-laning of NH-140 from Chittoor Digitally Signed ARB. P. NO. 1733/2024 Page 1 of 20 By:DEEPANSHU MALASI Signing Date:29.08.2025 12:01:04 (Design Km 0.000/Existing Km 158.000 of NH-4) to Mallavaram (Design Km 61.128/Existing Km 41.800 of NH-140), having a total design length of 61.128 kms in the State of Andhra Pradesh, under the Bharatmala Pariyojana on Hybrid Annuity Mode. The petitioner, M/s KNR Tirumala Infra Pvt. Ltd., a company incorporated under the Companies Act, 2013, emerged as the successful bidder and was issued a Letter of Acceptance. Pursuant to this, on 09.05.2018, the parties entered into a Hybrid Annuity Mode Agreement (“Agreement”). 3. The arbitration clause is Clause 38.3 of the Agreement, and the same reads as under: “38.3 Arbitration 38.3.1 Any Dispute which is not resolved amicably by conciliation, as provided in Clause 38.2, shall be