KOLLAM HIGHWAYS PRIVATE LIMITED vs NATIONAL HIGHWAYS AUTHORITY OF INDIA

Judgment text excerpt

$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 14.10.2025 + O.M.P.(I) (COMM.) 308/2025 & I.A. 18686/2025 KOLLAM HIGHWAYS PRIVATE LIMITED .....Petitioner Through: Ms. Kiran Suri, Sr. Adv with Mr. Sidhant Dwibedi, Adv, Mr. Manoj Kumar, Adv, Ms. Aiswarya Kumar, Adv with Mr. Audhesh Kumar Tiwari, AR versus NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Respondent Through: Ms. Tanu Priya Gupta, Ms. Khushi Sharma, Advs. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH : JASMEET SINGH, J (ORAL) 1. This is a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 to restrain the respondent from recovering the damages imposed by the respondent and to not take any coercive action against the petitioner for execution of Six Laning of NH-66 (OLD NH-47) from Kollam bypass to Kadambattukonam from Km 486.000 to Km 517.250 (approx. 31.25 Km design length) in the state of Kerala on Hybrid Annuity Mode (“HAM”) under Bharatmala Priyojana (“work”). 2. The brief facts of the case are that the respondent issued a Letter of Award (“LoA”) dated 14.09.2021 in furtherance of the bid made by the petitioner for work. Thereafter, the petitioner and the respondent entered Digitally Signed By:MAYANK O.M.P.(I) (COMM.) 308/2025 Page 1 of 8 Signing Date:23.10.2025 17:32:07 into a Concession Agreement on 08.11.2021. 3. The respondent vide letter dated 17.10.2022, notified availability of 80% of the encumbrance free right of way of linear length of Project Highway and accordingly the appointment date was fixed as 01.10.2022. 4. A Settlement Agreement dated 11.08.2023, was signed wherein the change of scope payments were to be released and it was agreed that damages for delay in achieving Milestone-I would be waived off. Subsequently, the petitioner vide letter dated 20.03.2024 re