NATIONAL HIGHWAYS AUTHORITY OF INDIA THROUGH DIRECTOR vs M/S GWALIOR JHANSI EXPRESSWAY LIMITED THROUGH DIRECTOR

The Supreme Court upheld the High Court's dismissal of the appellant's appeal under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996, affirming the Arbitral Tribunal's order under Section 17 that allowed the respondent to exercise the Right of First Refusal (ROFR) and match the lowest bid. The Court emphasized that the Arbitral Tribunal has the authority to grant interim reliefs to maintain the status quo during arbitration proceedings. The judgment reinforces the principle that arbitration proceedings should not be hindered by interim measures that are essential for the continuation of the project.