BHADRA INTERNATIONAL INDIA PVT LTD AND ORS. vs AIRPORTS AUTHORITY OF INDIA

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: 10 February 2025 Judgment Pronounced on: 11 February 2025 + FAO(OS) (COMM) 23/2025, CM APPLs. 7934/2025 & 7935/2025 BHADRA INTERNATIONAL INDIA PVT LTD AND ORS. .....Appellants Through: Mr. Ashish Mohan, Sr. Adv. with Mr. Akshit Mago, Adv. versus AIRPORTS AUTHORITY OF INDIA .....Respondent Through: Mr. Sonal Kumar Singh, Ms. Sukanya Lal, Mr. Shivang Singh, Ms. Shivani Chaudhary and Mr. Anmol Adhrit, Advs. + FAO(OS) (COMM) 24/2025, CM APPLs. 7936/2025 & 7937/2025 BHADRA INTERNATIONAL INDIA PVT LTD & ORS. .....Appellants Through: Mr. Ashish Mohan, Sr. Adv. with Mr. Akshit Mago, Adv. versus AIRPORTS AUTHORITY OF INDIA .....Respondent Through: Mr. Sonal Kumar Singh, Ms. Sukanya Lal, Mr. Shivang Singh, Ms. Shivani Chaudhary and Mr. Anmol Adhrit, Advs. Signature Not Verified Digitally Signed By:AJIT FAO(OS) (COMM) 23/2025 & FAO(OS) (COMM) 24/2025 Page 1 of 23 KUMAR Signing Date:11.02.2025 18:12:23 CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT % 11.02.2025 C. HARI SHANKAR, J. The Issue, and our view 1. The contract between the appellants and respondent Airport Authority of India1 envisages arbitration of disputes by a Sole Arbitrator to be appointed by the respondent. In terms thereof, the appellants wrote to the AAI, call on the respondent to appoint a Sole Arbitrator. The respondent appointed a learned retired Judge of the Supreme Court. Before learned Arbitrator, both the parties submitted that they had no objection to his arbitrating on the disputes. The Record of Proceedings, so prepared, was communicated to the parties, and neither party objected. An arbitral award was passed. The unsuccessful appellant challenged the award under Section 34 of the Arbitration and Conc