M/S NATIONAL HIGHWAYS AUTHORITY OF INDIA vs M/S BEL-ACC(JV)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 24th MARCH, 2026 IN THE MATTER OF: + O.M.P. (COMM) 341/2020 M/S NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Petitioner Through: Mr. A. P. Singh and Mr. Varnit Vashistha, Advocates versus M/S BEL-ACC(JV) .....Respondent Through: Dr. Swaroop George, Mr. Sunny Thomas, Mr. Abhinandan Jain, Mr. Shivam Prajapati, Mr. Abhigyan Dwivedi, Mr. Kartikey, Advocates CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT 1. The present Petition under Section 34 of the Arbitration & Conciliation Act, 1996, has been filed by the Petitioner herein against the Arbitral Award dated 27.05.2010 passed by a three-Member Arbitral Tribunal. 2. Brief facts of the case as discernible from the material on record are stated as under:- i. The Petitioner invited bids from pre-qualified contractors for the project of strengthening and four-laning of existing two lane sections between Km. 307.500-Km. 231.00 of Etawah Bypass on NH-2 in Uttar Pradesh (hereinafter referred to as the ‘Project’). ii. On the basis of the evaluation of the bids, the Respondent was Signature Not Verified Signed By:PRATEEK O.M.P. (COMM) 341/2020 Page 1 of 29 Signing Date:24.03.2026 15:59:10 awarded the contract dated 01.02.2001 bearing No. 11025/2/99/TECH/GM(WB)/ETAWAH (01.02.2001) for contract price of Rs.69,44,17,782/- (hereinafter referred to as the „Contract‟). iii. The Contract was an item rate contract wherein the Respondent quoted its rates for various items of activities as per the details given in the bill of quantities conforming to the relevant technical specifications and other provisions of the contract. iv. The Contract involved two separate phases. In Phase-I, the works to be undertaken by the Respondent was to provide two additional lanes by widening in t