Prl Projects And Infrastructure Limited v. National Highway Authority Of India

$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 360/2025 PRL PROJECTS AND INFRASTRUCTURE LIMITED .....Petitioner Through:

Mr. Udit Seth and Mr. Divyanshu, Advocates.

versus NATIONAL HIGHWAY AUTHORITY OF INDIA .....Respondent Through:

Mr. Ankur Mittal and Mr. Ankur Saboo, Advocates.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 31.07.2025 1.

This petition is filed on behalf of the Petitioner under Section 11(6) of Arbitration and Conciliating Act, 1996 ('1996 Act') seeking appointment of Respondent's nominee Arbitrator.

2.

As per the Petitioner, a Contract was executed between the Petitioner and the Respondent on 20.07.2020 for execution of balance works of ROB at KM 290+445 of Bareilly-Sitapur, Section of NH-24 in U.P. Disputes arose between the parties with respect to some payments and Petitioner vide letter dated 05.05.2022 raised its claims before the Respondent's Engineer and thereafter before Dispute Resolution Board. However failing to get any redressal, Petitioner invoked the arbitration clause 20.6 in the contract agreement and vide invocation notice dated 25.10.2024 called upon the Respondent to either accept Petitioner's nominated Arbitrator as a sole Arbitrator or to nominate its Arbitrator to constitute a three member Arbitral Tribunal within 30 days and also set forth his claims. Respondent, however, ARB.P. 360/2025 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 02/08/2025 at 12:55:34

responded by stating that Petitioner's nominee must be from the panel maintained by Society for Affordable Redressal of Disputes ('SAROD'). 3.

After canvassing some arguments, learned counsels for the parties, on instructions, submit that within two weeks from today, both parties will nominate their respective Arbitrators from the SAROD Panel, since arbitration clause 20.6 provides for adjudication of disputes by a three member Arbitral Tribunal and the arbitration is to be conducted in accordance with Rules of SAROD. The two nominee Arbitrators will thereafter appoint the Presiding Arbitrator.

4.

In light of the aforesaid stand of the parties, this petition is disposed of directing that Petitioner and Respondent will appoint their nominee Arbitrators as undertaken within two weeks from today and the two nominee Arbitrators will appoint the Presiding Arbitrator within two weeks. JYOTI SINGH, J JULY 31, 2025/S.Sharma/Shivam ARB.P. 360/2025 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 02/08/2025 at 12:55:34