Delhi High Court - Orders
National Highways Authority Of India vs Farakka Raiganj Highways Ltd on 13 October, 2020
Author: Rekha Palli
Bench: Rekha Palli
Via video conferencing
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (T) (COMM.) 49/2020 & I.A. 7912/2020 (stay)
NATIONAL HIGHWAYS AUTHORITY OF INDIA..... Petitioner
Through: Mr. Rajiv Kapoor and Mr. Srikant
Sharma, Advs. with Mr. Ashok Tripathi, Legal
Advisor, NHAI head quarter.
versus
FARAKKA RAIGANJ HIGHWAYS LTD. ..... Respondent
Through: Ms. Shruti Arora, Adv.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 13.10.2020 I.A. 7913/2020 (exemption)
1. Allowed, subject to all just exceptions. O.M.P. (T) (COMM.) 49/2020
2. This is a petition under Section 14 of the Arbitration and Conciliation Act, 1996 (the Act) seeking termination of the mandate of the learned Arbitral Tribunal. The primary ground raised by the petitioner is that the learned Tribunal has directed the parties to deposit the fees which is much higher than the fees agreed upon in terms of the supplementary agreement dated 04.04.2019 entered into between the parties.
3. Upon a query being put to the learned counsel for the petitioner as to why no such grievance regarding the fees was raised on Signature Not Verified Digitally Signed By:SANDEEP KUMAR Signing Date:13.10.2020 22:20 11.01.2020 and 25.02.2020 and, as to why its conduct should not be treated as a waiver in terms of Section 4 of the Act, learned counsel for the petitioner submits that the counsel, who was representing the petitioner before the Tribunal on the said dates, was not authorised to agree to the fees proposed by the Tribunal and, therefore, has been replaced by the petitioner on this ground. Before this aspect is considered, it is deemed appropriate to direct the petitioner to file, within two weeks, an affidavit of its concerned officer along with supporting documents.
4. It is, however, made clear that, for the present, this Court has neither issued notice in the petition nor stayed the arbitration proceedings.
5. At request, list on 26.11.2020.
REKHA PALLI, J.
OCTOBER 13, 2020 'sdp' Signature Not Verified Digitally Signed By:SANDEEP KUMAR Signing Date:13.10.2020 22:20