NATIONAL HIGHWAYS AUTHORITY OF INDIA NHAI vs ROADWAY SOLUTIONS INDIA INFRA LIMITED

Judgment text excerpt

$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 13th January, 2026 + FAO(OS) (COMM) 4/2026 NATIONAL HIGHWAYS AUTHORITY OF INDIA NHAI .....Appellant Through: Mr. Tushar Mehta, SG, Mr. Ankur Mittal, Mr. Abhay Gupta and Ms. Sucharu Garg, Advs. versus ROADWAY SOLUTIONS INDIA INFRA LIMITED .....Respondent Through: Mr. Rajiv Nayyar and Mr. Gopal Jain, Sr. Advs. with Mr. Samir Mahk, Mr. Varun Kalra and Mr. Krishan Kumar, Advs. CORAM: HON'BLE MR. JUSTICE DINESH MEHTA HON'BLE MR. JUSTICE VINOD KUMAR JUDGMENT REPORTABLE DINESH MEHTA, J. (Oral) CM APPL. 1612/2026 (Exemption) 1. Exemption allowed, subject to all just exceptions. 2. The application is disposed of. FAO(OS) (COMM) 4/2026, CM APPL. 1611/2026 (Stay), CM APPL. 1613/2026 (Permission to file lengthy list of dates) 3. Mr. Tushar Mehta, learned Solicitor General of India appearing for the appellant submitted that package No. VIII qua which the dispute has arisen is a part of Delhi-Mumbai National Expressway which is not only an FAO(OS) (COMM) 4/2026 Page 1 of 13 Signature Not Verified Digitally Signed By:NAVEEN KUMAR Signing Date:14.01.2026 19:18:55 ambitious project of the National Highways Authority of India (hereinafter referred to as „NHAI‟) but will also serve the purpose of infrastructure development and increasing the connectivity between the two metropolitan cities. 4. Apprising the Court about the requisite facts, he submitted that the appellant has preferred the present appeal under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the „Act of 1996‟), assailing the order dated 02.01.2026 (hereinafter referred to as „impugned order‟) passed by learned Single Judge while hearing application under Section 9 of the Act of 1996. 5. While reserving his right to