GMR POCHANPALLI EXPESSWAYS LIMITED vs NATIONAL HIGHWAYS AUTHORITY OF INDIA

Judgment text excerpt

$~SB-22 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 09.06.2025 + O.M.P.(MISC.)(COMM.) 469/2025 GMR POCHANPALLI EXPESSWAYS LIMITED .....Petitioner Through: Mr. Anil Kumar Kathuria and Ms. Sneha Ojha, Advocates. versus NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Respondent Through: Ms. Muskaan Gupta, Advocate. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA TEJAS KARIA, J. (Oral) 1. This Application is filed on behalf of the Petitioner under Section 29A(5) of Arbitration and Conciliation Act, 1996 (‘Act’) seeking extension of mandate of learned Arbitral Tribunal by a period of 12 (twelve) months. 2. Disputes having arisen between the parties, the Petitioner, on 05.05.2023, invoked arbitration by appointing its nominee Arbitrator. On 30.06.2023, the Respondent appointed its nominee Arbitrator. Due to inability of both the nominee Arbitrators to agree on the Presiding Arbitrator, this Court vide order dated 26.09.2023 passed under Section 11(6) of the Act appointed the Presiding Arbitrator. Signature Not Verified O.M.P.(MISC.)(COMM.) 469/2025 Page 1 of 3 Signed By:NEELAM SHARMA Signing Date:10.06.2025 19:17:57 3. The learned Arbitral Tribunal was constituted on 06.10.2023 and the first hearing was scheduled on 01.11.2023. Both the parties completed the pleadings on 30.04.2024 within the time granted by the learned Arbitral Tribunal. The learned Arbitral Tribunal fixed the date for final hearing between 30.07.2024 and 03.08.2024. 4. On 30.07.2024, the learned Arbitral Tribunal was apprised that the outcome of the pending FAO(OS)(COMM) No.170/2022 and FAO(OS)(COMM) No.171/2022 before this Court will have a bearing on the outcome of the present proceedings. In view of the pendency of the appeals, the arbitration proceedings were adjourned. On 23.09.2024, the learned Arb