Delhi High Court
Gmr Pochanpalli Expessways Limited vs National Highways Authority Of India on 9 June, 2025
$~SB-22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 09.06.2025
+ O.M.P.(MISC.)(COMM.) 469/2025
GMR POCHANPALLI EXPESSWAYS LIMITED .....Petitioner
Through: Mr. Anil Kumar Kathuria and Ms.
Sneha Ojha, Advocates.
versus
NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Respondent
Through: Ms. Muskaan Gupta, Advocate.
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
TEJAS KARIA, J. (Oral)
1. This Application is filed on behalf of the Petitioner under Section
29A(5) of Arbitration and Conciliation Act, 1996 (‘Act’) seeking
extension of mandate of learned Arbitral Tribunal by a period of 12
(twelve) months.
2. Disputes having arisen between the parties, the Petitioner, on
05.05.2023, invoked arbitration by appointing its nominee Arbitrator.
On 30.06.2023, the Respondent appointed its nominee Arbitrator. Due
to inability of both the nominee Arbitrators to agree on the Presiding
Arbitrator, this Court vide order dated 26.09.2023 passed under Section
11(6) of the Act appointed the Presiding Arbitrator.
Signature Not Verified
O.M.P.(MISC.)(COMM.) 469/2025 Page 1 of 3
Signed By:NEELAM
SHARMA
Signing Date:10.06.2025
19:17:57
3. The learned Arbitral Tribunal was constituted on 06.10.2023 and
the first hearing was scheduled on 01.11.2023. Both the parties
completed the pleadings on 30.04.2024 within the time granted by the
learned Arbitral Tribunal. The learned Arbitral Tribunal fixed the date
for final hearing between 30.07.2024 and 03.08.2024.
4. On 30.07.2024, the learned Arbitral Tribunal was apprised that
the outcome of the pending FAO(OS)(COMM) No.170/2022 and
FAO(OS)(COMM) No.171/2022 before this Court will have a bearing
on the outcome of the present proceedings. In view of the pendency of
the appeals, the arbitration proceedings were adjourned. On 23.09.2024,
the learned Arbitral Tribunal further adjourned the matter given that the
appeals were still pending before this Court.
5. On 30.11.2024, both the parties gave consent to extend the
mandate of the learned Arbitral Tribunal by 6 (six) months with effect
from 30.11.2024. On 14.02.2025, both parties requested the learned
Arbitral Tribunal to list the matter for final hearing as the appeals were
still pending before this Court. Accordingly, the final hearing was fixed
on 25.04.2025 and 01.05.2025.
6. On 25.04.2025, the learned Arbitral Tribunal was requested to
adjourn the hearing for at least 3 (three) months as both the parties were
exploring the possibility to settle all disputes through the conciliation
proceedings. Accordingly, the learned Arbitral Tribunal has fixed the
next date of hearing on 15.07.2025.
7. The mandate of the learned Arbitral Tribunal under the Act
expired on 30.05.2025. Accordingly, the Petitioner has prayed for the
extension of time for 12 (twelve) months for making the Award.
Signature Not Verified
O.M.P.(MISC.)(COMM.) 469/2025 Page 2 of 3
Signed By:NEELAM
SHARMA
Signing Date:10.06.2025
19:17:57
8. Issue notice. The learned counsel for the Respondent appearing on
advance service accepts notice and submits that the Respondent has no
objection for extension of time as sought by the Petitioner for passing the
Award. She further submits that the matter is pending before the
conciliation committee of NHAI (Respondent), which will take some
time.
9. Considering that the present arbitration proceedings are at the
stage of final arguments and the parties are considering the settlement, at
joint request of the parties, the mandate of the learned Arbitral Tribunal
is hereby extended for a period of 12 (twelve) months with effect from
10.06.2025 and the period between 30.05.2025 and 10.06.2025 is hereby
regularised.
10. Accordingly, the present Application stands allowed in the
aforesaid terms.
TEJAS KARIA, J
(VACATION JUDGE)
JUNE 9, 2025/ ‘N’
Click here to check corrigendum, if any
Signature Not Verified
O.M.P.(MISC.)(COMM.) 469/2025 Page 3 of 3
Signed By:NEELAM
SHARMA
Signing Date:10.06.2025
19:17:57