M/S Km Toll Road Pvt Ltd v. National Highways Authority Of India

$~23 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 125/2024 M/S KM TOLL ROAD PVT LTD ..... Petitioner Through:

Mr. Vijayendra Pratap Singh, Mr.

Aditya Vikram Jalan, Ms. Urvashi Misra, Ms. Durga Priya Manda, Mr.

Arnab Ray & Ms. Shreya Chaudhary Advs. (M- 9804861182) versus NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Respondent Through:

Ms Gunjan Sinha Jain, Adv. (M9811387311)

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 22.02.2024 1.

This hearing has been done through hybrid mode. I.A. 4202/2024 (for exemption) 2.

Allowed, subject to all just exceptions. Application is disposed of. O.M.P.(MISC.)(COMM.) 125/2024 3.

The present petition has been filed under Section 29A of the Arbitration and Conciliation Act, 1996 seeking extension of the mandate of the three Member Tribunal which was constituted in 2023. Though the original reference of the Tribunal is of 2021, however, the said Tribunal had to be reconstituted in 2023 as stated in the petition. 4.

The dispute between the parties in the Arbitration arises out of the Concession Agreement dated 10th March, 2010 ("Concession Agreement"). The Concession Agreement was entered into for the design, engineering, construction, development, finance, operation, and maintenance of the 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 03/07/2025 at 04:20:43

four/six laning of the Gandhidham (Kandla) - Mundra Port section of NH8A (approx. 71.400 km) in Gujarat. 5.

The matter is currently at the stage of recording claimant's evidence, before the Tribunal.

6.

Ld. Counsel for the Respondent has no objection. 7.

Accordingly, the mandate of the Tribunal is extended for a period of one year from 1st March, 2024.

8.

Petition, along with any pending applications, is accordingly disposed of.

PRATHIBA M. SINGH, J FEBRUARY 22, 2024 Rahul/bh 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 03/07/2025 at 04:20:43