Delhi High Court - Orders
National Highway Authority Of India vs M/S Tantia Raxaul Tollways Private ... on 18 May, 2022
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (T) (COMM.) 45/2022 & I.As. 6265/2022, 6266/2022,
6267/2022 and 6268/2022
NATIONAL HIGHWAY AUTHORITY
OF INDIA ..... Petitioner
Through: Mr. Parag Tripathi, Sr.Adv. with Mr.
Santosh Kumar, Mr. Shashwat Singh
and Mr. Daksh Arora, Advs.
versus
M/S TANTIA RAXAUL TOLLWAYS PRIVATE
LIMITED ..... Respondent
Through: Mr. Gaurab Banerji, Sr. Adv. with
Mr. Anshuman Pande, Ms.
Vishalakshi Singh, Mr. Vipul
Agarwal, Mr. Rakesh Talukdar, Mr.
S.P. Mukkherjee and Mr. Ishan Das,
Advs.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 18.05.2022 IAs. 6266/2022, 6267/2022 and 6268/2022 Exemptions allowed subject to all just exceptions. Applications stand disposed of.
O.M.P. (T) (COMM.) 45/2022 & I.A. 6265/2022
1. This petition has been filed by the petitioner with the following prayers:
"In the light of facts and circumstances of the case, it is most Signature Not Verified Digitally Signed By:DHARMENDER SINGH Signing Date:20.05.2022 16:41:18 respectfully prayed that this Hon'ble Court may be pleased to:
A. Terminate the mandate of the Arbitral Tribunal comprising of Mr.R.K. Srivastava lAS (Retd), Hon'ble Mr. Justice M.L. Varma (Retd) and Hon'ble Mr. Justice S.K. Katiyar (Retd.); B. Pass necessary direction to appoint I substitute the present Arbitral Tribunal;
C. Stay the arbitral proceedings during the pendency of the present petition.
D. Pass any such other orders/ directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."
2. The submission of Mr. Parag Tripathi, learned Sr. Counsel appearing for the petitioner is, in terms of the Judgment rendered by this Court in the case of Rail Vikas Nigam Ltd. v. Simplex Infrastructure Ltd., 2020(4) Arb. LR 409 (Delhi), the right of the Arbitrator to claim an amount of ₹49,87,500/- has been established, though as per the NHAI, the Arbitrator in terms of the Rules of ICADR could only claim an amount of ₹30,00,000/-. He states, an identical issue is pending consideration before the Supreme Court, where NHAI has filed an application for its impleadment. He further states, in fact, the Tribunal consisting of three learned Arbitrators are claiming amount over and above ₹49,87,500/- (per Arbitrator), which according to him is a ground to terminate the mandate of the Arbitral Tribunal.
3. List on July 11, 2022.
4. Counsel for the parties to file written submissions at least two days before the next date of hearing.
V. KAMESWAR RAO, J MAY 18, 2022/jg Signature Not Verified Digitally Signed By:DHARMENDER SINGH Signing Date:20.05.2022 16:41:18