PCL STICCO (JV) vs NATIONAL HIGHWAYS AUTHORITY OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgement delivered on: 05.05.2025 + EFA(OS)(COMM) 5/2024 PCL STICCO (JV) ..... APPELLANT versus NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... RESPONDENT Advocates who appeared in this case For the Appellant : Mr C Mohan Rao, Sr. Advocate with Mr Lokesh Kumar Sharma, Advocate For the Respondent : Mr Manish K Bishnoi and Mr Khubaib Shakeel, Advocates CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT VIBHU BAKHRU, J. 1. PCL STICCO (JV) [the Award Holder] has filed the present appeal under Section 13(1A) of the Commercial Courts Act, 2015, [the CC Act] impugning a judgment dated 19.12.2023 [the impugned judgement] passed by the learned Single Judge of this court in OMP (ENF) (COMM) No.116/2020 captioned PCL STICCO (JV) v. National Highways Authority Signature Not Verified Digitally Signed By:GANGA EFA(OS)(COMM) 5/2024 Page 1 of 25 SINGH RAWAT Signing Date:06.05.2025 20:22:51 of India (NHAI). In terms of the impugned judgment, the learned Single Judge had disposed of the Award Holder’s application under Section 36 of the Arbitration and Conciliation Act, 1996 [the A&C Act] seeking the enforcement of the arbitral award dated 15.12.2015 [the Arbitral Award]. 2. The learned Single Judge accepted the Respondent’s [Judgement Debtor] contention that the balance sum of ₹73,96,511/- was payable to the Award Holder and the same would be paid along with the interest within a period of three weeks from the said date. The learned Single Judge disposed of the Award Holder’s petition for enforcement of the Arbitral Award with the clarification that if the amount as stated was not paid by the Respondent, the Award Holder would have the liberty to revive the said proceedings. 3. The Award Holder disputes that the balan