IRB WESTCOAST TOLLWAY LTD. & ORS. vs NATIONAL HIGHWAYS AUTHORITY OF INDIA

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on: 09.10.2025 + W.P.(C) 12165/2025 and CM APPL.49629/2025 IRB WESTCOAST TOLLWAY LTD. & ORS. .....Petitioners Through: Mr. Vikrant Nankani, Sr. Advocate along with Mr. Karan Bharihoke and Mr. Alam Bir Singh, Advocates. versus NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Respondent Through: Mr. Tushar Mehta, Solicitor General along with Mr. Ankur Mittal, Mr. Abhay Gupta, Ms. Jutirani Talukdar and Mr. Praveen Kushwaha, Advocates. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA JUDGMENT CM APPLs.49630/2025 (Exemption from fling certified copies etc. of annexures) and 49631/2025 (seeking permission to file lengthy synopsis and list of dates) 1. Allowed, subject to all just exceptions. 2. Applications stand disposed of. W.P.(C) 12165/2025 3. The present petition has been filed by the petitioners seeking the following prayers: “(i) Grant an appropriate writ, order or declaration, inter alia, declaring the actions of NHAI that have led to the order dated 16.07.2025 passed by the Hon’ble Arbitral Tribunal consisting of Hon’ble Justice Krishna Murari, Hon’ble Justice V. Ramasubramanium, and Hon’ble Justice P.N. Deshmukh, as arbitrary and clarifying that W.P.(C) 12165/2025 Page 1 of 5 Signature Not Verified Digitally Signed By:ABHISHEK THAKUR Signing Date:08.10.2025 15:26:21 Schedule IV of the Arbitration & Conciliation Act, 1996, does not bar an Arbitral Tribunal, to separately fix fee (in terms of Schedule IV), for fresh claims / disputes that may arise and are added to already initiated arbitration proceedings before the same Tribunal instead of appointing a fresh Tribunal; (ii) Grant an appropriate writ, order or direction, permitting the Petitioners herein, to re-approach the Arbitral Tribunal consisting of Hon’ble Jus