NATIONAL HIGHWAYS AUTHORITY OF INDIA vs PATEL KNR HEAVY INFRASTRUCTURE PVT LTD

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 24.03.2026 Judgment pronounced on: 21.04.2026 + O.M.P. (COMM) 195/2023, I.A. 10225/2023 (Stay) & I.A. 10226/2023 NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Petitioner Through: Mr. Rajkumar Dubey, Ms. Bhavana Bhardwaj and Mr. Arpit Singhal, Advocates versus PATEL KNR HEAVY INFRASTRUCTURE PVT LTD .....Respondent Through: Mr. George Thomas, Dr. Swaroop George, Mr. Abhinandan Jain, Mr. Sunny Thomas, Mr. Abhigyan Dwivedi, Mr. Shivam Prajapati and Mr. Kartikey, Advocates CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT HARISH VAIDYANATHAN SHANKAR, J. 1. The present Petition under Section 34 of the Arbitration and Conciliation Act, 19961, has been preferred assailing the Arbitral Award dated 16.01.20232, rendered by the majority of the members 1 A&C Act 2 Impugned Award Signature Not Verified O.M.P. (COMM) 195/2023 Page 1 of 37 Digitally Signed By:NEERU Signing Date:24.04.2026 10:46:16 of the learned Arbitral Tribunal, as well as the dissenting Award dated 23.01.20233 passed by the learned third Arbitrator. 2. By way of the Impugned Award, the learned Arbitral Tribunal has, in sum and substance, allowed the claim of the Respondent towards the cost incurred on account of the additional thickness of 10 mm Bituminous Concrete4 applied as a renewal coat on the Project Highway, which constitutes the core subject matter of the present challenge. 3. Further, the limited challenge raised herein to the dissenting Award pertains to the rejection of the Counter-Claim preferred by the Petitioner and, to that extent, is in consonance with and supportive of the Majority Award. BRIEF FACTS: 4. The facts germane to the institution of the present Petition are as follows: a. The Petitioner herein invited proposal