NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED vs INTERCONTINENTAL CONSULTANTS AND TECHNOCRATS PRIVATE LIMITED IN JOINT VENTURE WITH ANANDJIWALA INFRA ADVISORY PVT. LTD.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 13.04.2026 Judgment pronounced on: 20.04.2026 + O.M.P. (COMM) 173/2023, I.A. 8628/2023, I.A. 10083/2023 & I.A. 21689/2025 NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED .....Petitioner Through: Mr. Prasenjit Keswani, Senior Adv. with Mr. Upmanyu Tewari & Mr. Surya Kapoor, Advs. versus INTERCONTINENTAL CONSULTANTS AND TECHNOCRATS PRIVATE LIMITED IN JOINT VENTURE WITH ANANDJIWALA INFRA ADVISORY PVT. LTD. .....Respondent Through: Mr. Atul Chitale, Senior Adv. with Mr. Pradip Kumar, Ms. Kominica Bose, Ms. Aparna Banerjee & Mr. Mrigank, Advs. . CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN JUDGMENT 1. This petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short „the Act‟) against the arbitral award dated 02.01.2023 (for brevity „award‟). 2. The necessary facts are that the respondent was a successful bidder in a Request for Proposal (RPF) invited for consultation Signature Not Verified Signed By:HONEY O.M.P. (COMM) 173/2023 Page 1 of 13 ARORA Signing Date:21.04.2026 10:50:00 services. The parties to the lis entered into the contract agreement dated 22.02.2021 (hereinafter referred to as „CA‟) whereunder the respondent was to provide Consultancy Services as Authority's Engineer for Supervision Construction of (i) Connecting Road from Z-Morh Tunnel to Zojila Tunnel and (ii) 14.150 KM long bidirectional tunnel across Zojila Pass to on the Sonmarg-Kargil Section of NH-01 on EPC mode in the Union Territories of Jammu & Kashmir and Ladakh. 2.1 The letter dated 05.01.2021 was issued and the respondent was directed to mobilize the staff. The petitioner vide letter dated 09.04.2021 suspended the services of the respondent as Authority‟s Engineer. The revocation of