NATIONAL HIGHWAYS AUTHORITY OF INDIA vs M/S KOCHI AROOR TOLLWAYS PRIVATE LIMITED

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 11th December, 2025 Judgment pronounced on: 23rd January, 2026 + O.M.P. (COMM) 170/2019 NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Petitioner Through: Mr. Parv Garg and Mr. Pawas Kulshrestha, Advocates. versus M/S KOCHI AROOR TOLLWAYS PRIVATE LIMITED .....Respondent Through: Mr. Abhishek Gupta and Mr. Suyash Gupta, Advocates. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. 1. The present petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (‘Act’) seeking setting aside of the Award dated 10th October, 2018 passed by the Arbitral Tribunal (‘Award’). 2. The petitioner (respondent in the arbitration proceedings) shall hereinafter be referred to as ‘NHAI’ and the respondent (claimant in the arbitration proceedings) shall hereinafter be referred to as ‘KATPL’. FACTUAL BACKGROUND 3. The brief facts relevant for adjudication of the present petition are set out below: Signature Not Verified Digitally Signed By:AANCHAL TAGGAR O.M.P. (COMM) 170/2019 Page 1 of 24 Signing Date:23.01.2026 15:02:55 i. On 28th April, 2015, the parties entered into a Concession Agreement for operation, maintenance and transfer of Edapally-Vyttila-Aroor Section from 342.00 Km to 358.750 Km, in the State of Kerala on OMT basis on 28th April, 2015. ii. Disputes arose between the parties in relation to the Concession Agreement. The Claimant wrote to the Chairman, NHAI for a settlement under Clause 36.2 of the Concession Agreement, which did not materialise. Accordingly, the claimant invoked the arbitration clause. Both the parties appointed their respective Nominee Arbitrators who mutually appointed the Presiding Arbitrator. iii. KATPL made the following claims in its statement of claim:- “(a)Claim No.