Delhi High Court – Orders
Vadodara Mumbai Expressway 8 Private … vs National Highway Authority Of India on 8 April, 2025
Author: Jyoti Singh
Bench: Jyoti Singh
$~81
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (T) (COMM.) 29/2025
VADODARA MUMBAI EXPRESSWAY 8 PRIVATE LIMITED
.....Petitioner
Through: Mr. Samir Malik, Mr. Varun Kalra
and Mr. Krishan Kumar, Advocates.
versus
NATIONAL HIGHWAY AUTHORITY OF INDIA .....Respondent
Through: Ms. Madhu Sweta and Mr. Yash
Kapoor, Advocates.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 08.04.2025
I.A. 9164/2025 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
O.M.P. (T) (COMM.) 29/2025
3. This petition is preferred on behalf of the Petitioner under Section
15(2) read with Section 14 of the Arbitration and Conciliation Act, 1996
(‘1996 Act’) for substitution of the learned Presiding Arbitrator of the
Arbitral Tribunal, on account of untimely demise of Mr. Justice Tarun
Agarwal, former Chief Justice of Meghalaya High Court.
4. Disputes between the parties emanated out of a Concession
Agreement dated 22.06.2021 pertaining to Construction of an Eight-lane
access-controlled Expressway from 154+600 km to km 190.00 of Vadodara
O.M.P. (T) (COMM.) 29/2025 Page 1 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 14/04/2025 at 21:37:42
Mumbai Expressway (Jujuwa to Gandeva section) in the state of Gujarat on
Hybrid Annuity mode under Bharatmala Pariyojna (Phase 1-Package VIII).
Petitioner invoked arbitration clause 38.3 of the Concession Agreement vide
notice dated 07.08.2023 and on failure of the Respondent to appoint its
nominee Arbitrator, filed Arb. Pet. No. 786/2023 before this Court for
appointment of all three Members of the Arbitral Tribunal.
5. It is stated in the petition that during pendency of the petition filed
under Section 11(6) of the 1996 Act, both Petitioner and Respondent
appointed their respective nominee Arbitrators and therefore jointly prayed
before this Court to appoint the Presiding Arbitrator. By order dated
29.02.2024, Arb. Pet. 786/2023 was disposed of appointing Mr. Justice
Tarun Agarwal (Retd.) as the Presiding Arbitrator.
6. Cause of action for filing the present petition has arisen on account of
the untimely demise of Mr. Justice Tarun Agarwal, former Chief Justice of
Meghalaya High Court, while the arbitration proceedings are still pending at
the stage of final arguments.
7. Issue notice.
8. Ms. Madhu Sweta, learned counsel accepts notice on behalf of the
Respondent and does not object to a substitute Presiding Arbitrator of the
Arbitral Tribunal being appointed but submits that the Arbitrator be
appointed from the panel maintained by SAROD. Learned counsel for the
Petitioner objects to the appointment from the panel maintained by SAROD
and submits that this Court may appoint the Presiding Arbitrator as was
done in the earlier round of litigation.
9. Considering that the arbitration proceedings are at the fag end and
final arguments have to be heard and the Presiding Arbitrator appointed by
O.M.P. (T) (COMM.) 29/2025 Page 2 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 14/04/2025 at 21:37:42
this Court has unfortunately expired, this Court finds no impediment in
appointing the Presiding Arbitrator of the Arbitral Tribunal. Accordingly,
Hon’ble Ms. Justice Hima Kohli, former Judge of the Supreme Court
(Mobile No. 9871300036) is appointed as the Presiding Arbitrator of the
Arbitral Tribunal. The Arbitral Tribunal shall proceed from the stage the
proceedings are currently pending.
10. Learned Presiding Arbitrator shall give a disclosure under Section 12
of the 1996 Act before proceeding further. It is open to the learned
Arbitrator and the parties to fix the fee of the Presiding Arbitrator by mutual
consent.
11. Petition is disposed of in the aforesaid terms.
JYOTI SINGH, J
APRIL 8, 2025
S.Sharma/shivam
O.M.P. (T) (COMM.) 29/2025 Page 3 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 14/04/2025 at 21:37:43