NATIONAL HIGHWAYS AUTHORITY OF INDIA vs PROGRESSIVE CONSTRUCTIONS LIMITED

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 12.12.2025 Judgment delivered on: 18.06.2026 Judgment uploaded on: As per Digital Signature + FAO(OS) (COMM) 206/2023 NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... APPELLANT versus PROGRESSIVE CONSTRUCTIONS LIMITED ..... RESPONDENT Advocates who appeared in this case For the Appellant : Mr. Ankur Mittal and Mr. Ankur Saboo, Advocates. For the Respondent : Mr. C. Mohan Rao, Sr. Advocate with Mr. Lokesh Kumar Sharma, Advocate CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE VINOD KUMAR JUDGMENT V. KAMESWAR RAO, J. 1. This appeal has been filed under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 (the Act) against the order dated 26.04.2023 in O.M.P. (COMM) 358/2019 filed under Section 34 read with 16(6) of the Act whereby a Single Judge of this Court has rejected the appellant’s challenge to claims Nos.6 and 8 allowed by the Arbitral Tribunal in favour of the Signature Not Verified Signed By:PRADEEP FAO (OS) (COMM) 206/2023 Page 1 of 93 SHARMA Signing Date:18.06.2026 12:35:37 respondent herein. By order dated 03.05.2023, the learned Single Judge has set aside the impugned award dated 21.02.2019 with regard to claim Nos. 5, 10, 14 and 19. 2. The facts as noted from the appeal are as under:- a. The appellant herein is the National Highways Authority of India (hereinafter referred to as ‘NHAI’ and ‘employer’ interchangeably), established under the National Highways Authority of India Act, 1988. b. The respondent- Progressive Constructions Limited (hereinafter referred to as ‘contractor’ also) is a company incorporated under the provisions of the Companies Act, 1956 and is the contractor under the Contract Agreement dated 08.09.2005. c. The Government of India, Ministry of Road Transp