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High Court of DelhiW.P.(C)/1915/2025

National Highway Infrastructure Development Corporation Ltd v. Nspr Vkj Jv & ORS.

2025-04-29Hon'Ble Mr. Justice Sachin Datta2 pages

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1915/2025 and CM APPL.9019/2025 NATIONAL HIGHWAY INFRASTRUCTURE DEVELOPMENT CORPORATION LTD .....Petitioner Through:

Mr. Avneesh Garg, Mr. Utkarsh Sharma, Ms. Pavitra Singh, Mr. Harsh Pal and Ms. Iptisha, Advs.

versus NSPR VKJ JV & ORS.

.....Respondents Through:

Dr. Amit George and Mr. Shashwat Kabi, Advs. for R-1, 2 and 3.

Ms. Astha Sharma and Ms. Astha Sehgal, Advs. for R-5.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 29.04.2025

O R D E R

1.

The present petition seeks to assail an order dated 14.01.2025 passed by the respondent no.5 i.e., Society for Affordable Redressal of Disputes (SAROD) whereby the application filed by the petitioner under Rule 16 of the SAROD Arbitration Rules to substitute the presiding Arbitrator of a three-member Arbitral Tribunal, constituted to adjudicate the dispute that had arisen between the petitioner and respondent no.1/ M/s NSPR-VKJ (JV), was rejected.

2.

The assertion of the petitioner is that the presiding arbitrator in the ongoing arbitration between the parties suffers from a legal disability as a result of which he is disqualified to act as an arbitrator. It is acceded by the petitioner that Section 14 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as 'the A&C Act') enables the petitioner to file an 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 01/07/2025 at 23:53:03

appropriate petition alleging dejure or defacto inability of an arbitrator. 3.

In the circumstances, after some hearing, the petitioner seeks to withdraw the present petition with liberty to file an appropriate petition under Section 14 of the A&C Act.

4.

The present petition is, accordingly, disposed of with the aforesaid liberty.

5.

Needless to say, the respondents shall be entitled to oppose any petition under Section 14 of the A&C that may be filed by the petitioner. It is further made clear that this order shall not be construed as an expression of opinion of this Court on the merits of any such petition. SACHIN DATTA, J APRIL 29, 2025/cl 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 01/07/2025 at 23:53:03