M/S National Highways Authority Of India v. Gammon Atlanta (Jv)

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 75/2019 & I.As. 12160/2019, 12185/2019 M/S NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Petitioner Through:

Mr.Trans Juris and Mr.Rajiv Kapoor, Advs.

versus GAMMON ATLANTA (JV) ..... Respondent Through:

Mr.Chiral M. Shroff and Mrs.Malima C. Shroff, Advs.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 03.09.2019 1.

This petition filed by the National Highways Authority of India under Section 14 and 15 of the Arbitration and Conciliation Act with the following prayers:

―i.

Pass an appropriate order/ direction under Section 14(2) of the Arbitration and Conciliation Act, 1996 with regards to termination of the mandate of the Hon'ble Arbitral. ii.

Terminate the mandate of the Arbitral Tribunal comprising of Sh. B. D. Joshi, the Presiding Arbitrator and his Coarbitrators Sh. V. S. Karandikar and Shri J. S. Katoch and/ or iii.

Substitute the Arbitral Tribunal comprising of Sh. B. D. Joshi, the Presiding Arbitrator and his Co-arbitrators Sh. V. S. Karindikar and Shri J. S. Katoch U/S 15 with a suitable Arbitral Tribunal with fees to be paid as per the Agreement between the parties.

iv.

pass such order or further orders as may deem fit in the facts and circumstances of the case in favour of the Petitioner.‖ 2.

On instructions learned counsel for the parties state that they will ensure that the arbitration proceedings are culminated within a period of nine months i.e. on or before May 31, 2020. It is ordered accordingly. 3.

I take on record the submissions made by learned counsel for the parties that no unnecessary adjournments shall be taken by either of the parties during the proceedings before the Arbitral Tribunal. 4.

The parties are at liberty to take all pleas as available to them, both on facts and in law, before the Arbitral Tribunal. 5.

With the above, the petition is disposed of.

V. KAMESWAR RAO, J SEPTEMBER 03, 2019/bh