NATIONAL HIGHWAY AUTHORITY OF INDIA vs SSANGYONG ENGINEERING CONSTRUCTION CO LTD

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on: 28.03.2025 + W.P.(C) 2059/2025 & CM APPL. 9691/2025 NATIONAL HIGHWAY AUTHORITY OF INDIA ..... Petitioner Through: Mr. Ankur Mittal and Mr. Ashish Gajwani, Advocates. versus SSANGYONG ENGINEERING CONSTRUCTION CO LTD ..... Respondent Through: Mr. Navin Kumar, Ms. Surbhi Agarwal, Ms. Rashmeet and Mr. Shantanu Sharma, Advocates. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA JUDGMENT 1. The present petition has been filed by the petitioner assailing orders dated 21.10.2024 and 30.10.2023 passed by a three-member Arbitral Tribunal (hereinafter ‘the Arbitral Tribunal’) currently seized of disputes between the petitioner and the respondent. The said disputes arise out of the Contract Agreement dated 12.04.2006 (Contract Agreement executed between the parties herein) for the ‘four laning of Jhansi-Lakhanadon section KM 297 to KM 351 of National Highway-26 in the State of Madhya Pradesh’ being Contract Package No. ADB-II/C8. 2. Disputes having arisen between the parties, the petitioner invoked the arbitration on 17.09.2022. 3. The petitioner is aggrieved by the fact that the Arbitral Tribunal vide order dated 30.10.2023 fixed fee/s of Rs.3,00,000/- per Arbitrator per sitting. Signature Not Verified Digitally Signed By:ROHIT W.P.(C) 2059/2025 Page 1 of 7 KUMAR PATEL Signing Date:29.03.2025 20:58:02 Feeling aggrieved by such fixation of fees, the petitioner preferred an application dated 16.05.2024 seeking modification of the said order dated 30.10.2023 to the extent of seeking that the Arbitral Tribunal may fix an upper limit of Rs.30,00,000/- on the fees of each Arbitrator as contemplated under IVth Schedule of the Arbitration and Conciliation Act, 1996 (“A&C Act”). 4. The Arbitral Tribunal vide its order dated 21.10