M/S NATIONAL HIGHWAYS AUTHORITY OF INDIA vs M/S HINDUSTAN CONSTRUCTION CO LTD

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 26.09.2025 Judgment pronounced on: 08.01.2026 + O.M.P. 1556/2014 M/S NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Petitioner Through: Mr. A P Singh, Mr. Naman, Saraswat, Mr. Varnit Vashishth, Advocates versus M/S HINDUSTAN CONSTRUCTION CO LTD ....Respondent Through: Mr. Anirudh Bakhru, Mr. Rishi Agrawala, Ms. Shruti Arora, Ms. Vasundhara Bakhru, Ms. Tarini Khurana, Advocates. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH JUDGMENT 1. This is a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (“1996 Act”) seeking to challenge the Arbitral Award dated 22.07.2014 passed by the learned Arbitral Tribunal (“Tribunal”) in the matter of “Hindustan Construction Co. Ltd. v. M/s. National Highways Authority of India‖. Digitally Signed By:MAYANK O.M.P. 1556/2014 Page 1 of 25 Signing Date:08.01.2026 16:52:53 FACTUAL BACKGROUND 2. The petitioner (respondent before the Tribunal) is a statutory body constituted under Section 3 of the National Highways Authority of India Act, 1998, for the purpose of developing, maintaining, and managing the National Highways entrusted to it by the Central Government. The respondent (claimant before the Tribunal) is an entity engaged in the business of providing various services on contractual basis. 3. The petitioner vide Agreement dated 21.10.2005, awarded the respondent the contract package titled “4-Laning from Km. 92.00 to Km. 135.00 of the Lucknow to Ayodhya Section of NH-28 in Uttar Pradesh Contract Package LMNHP EX-II (WB)-3” for a total contract value of Rs. 249,95,04,940/-. The Conditions of Particular Application (“CoPA”) has Arbitration clause being Clause No. 67.3. 4. Since there were disputes between the parties, disputes were referred to Dispute Resolu