SHANKAR AGARWAL vs NATIONAL HIGHWAYS AND INFRASTRUCTU DEVELOPMENT CORPORATION LIMITED

Judgment text excerpt

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 20.02.2026 + ARB.P. 182/2026 SHANKAR AGARWAL .....Petitioner Through: Mr. Rohan Taneja & Mr. Animesh Dubey, Advocates. versus NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED .....Respondent Through: Ms. Nivvedita Chauhan, Ms. Tanvi Mahajan, Ms. Komal Singh, Advocates along with Ms. Rakhi Pandey [Representative for Respondent]. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) HARISH VAIDYANATHAN SHANKAR, J. 1. The present Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 19961, seeking the appointment of an Arbitrator to adjudicate the disputes between the parties arising out of the Engineering, Procurement and Construction Agreement dated 15.12.20222. 2. The said Agreement contains an Arbitration Clause, being Clause 26.3, which reads as under: “26.3 Arbitration: (i) Any dispute which remains unresolved between the parties 1 Act 2 Agreement Signature Not Verified Digitally Signed By:HARVINDER KAUR ARB.P. 182/2026 Page 1 of 8 BHATIA Signing Date:23.02.2026 18:03:05 through the mechanisms available/prescribed in the Agreement, irrespective of any claim value, which has not been agreed upon/ reached settlement by the parties, will be referred to the Arbitral Tribunal as per the Arbitration and Conciliation Act. (ii) Deleted (iii) The Arbitral Tribunal shall make a reasoned award (the "Award"). Any Award made in any arbitration held pursuant to this Article 26 shall be final and binding on the Parties as from the date it is made, and the Contractor and the Authority agree and undertake to carry out such Award without delay. (iv) The Contractor and the Authority agree that an Award may be enforced against the Contractor and/or the A