M/S IRB AHMEDABAD VADODARA SUPER EXPRESS TOLLWAY PVT. LTD. vs NATIONAL HIGHWAYS AUTHORITY OF INDIA

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 24 July 2024 Pronounced on: 11 February 2025 + O.M.P. (COMM) 261/2024 M/S IRB AHMEDABAD VADODARA SUPER EXPRESS TOLLWAY PVT. LTD. .....Petitioner Through: Mr. Vikram Nankani, Sr. Adv. with Mr. Karan Bharihoke, Mr. Anirudh Bakhru, Ms. Devika Mohan, Ms. Teresa Daulat, Mr. Mohanish Patkar, Mr. Raj Adhia, Mr. Param Bir Singh, Mr. Humraz Bir Singh, Mr. Ankit Banati and Ms. Tarini Khurana, Advs. versus NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Respondent Through: Mr. Ankur Mittal, Mr. Abhay Gupta and Mr. Sanjivan Chakraborty, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR % JUDGMENT 11.02.2025 The challenge, and issue in controversy 1. Under challenge at the instance of IRB Ahmedabad Super Expressway1, in the present petition preferred under Section 34 of the Arbitration & Conciliation Act, 19962 is an arbitral award passed by a learned three-member Arbitral Tribunal on 7 April 2024. IRB was the 1 “IRB” hereinafter 2 “the 1996 Act” hereinafter Signature Not Verified Signature Not Verified O.M.P. (COMM) 261/2024 Page 1 of 29 Digitally Signed By:AJIT Digitally Signed KUMAR By:CHANDRASHEKHARAN HARI SHANKAR Signing Date:11.02.2025 Signing Date:11.02.2025 17:50:46 17:44:38 claimant in the arbitral proceedings, and the National Highways Authority of India3 was the respondent and counter-claimant. 2. The challenge, in this petition, is restricted to the rejection, by the Arbitral Tribunal, of the claim of IRB for compensation, from NHAI, under Article 35.4 of the Concession Agreement4, dated 25 July 2011, executed between them. 3. To clear the air and not for anything else, I may note, here, that the CA envisaged payment of premium by IRB to NHAI. The Government had announced a Premium Deferment Scheme, whereunder part of th