M/S Jiangxi Construction Engineer (Group) Co. Limited - Nirmal Buildinfra Private Limited (Jv) v. National Highways Authority Of India

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 1197/2024 M/S JIANGXI CONSTRUCTION ENGINEER (GROUP) CO. LIMITED - NIRMAL BUILDINFRA PRIVATE LIMITED (JV) .....Petitioner Through:

Mr. Prakash Pandey, Advocate.

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

Mr. Santosh Kumar, SC with Mr.

Adithya Ramani, Advocate.

Mr. Prashant Rawat, GP and Mr.

Kabir Singh, Advocates.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 22.08.2024 1.

By way of this petition, under Section 11 of the Arbitration and Conciliation Act, 1996 ["the Act"], the petitioner seeks appointment of an arbitrator in lieu of the arbitrator to be nominated by the respondent for adjudication of disputes under an EPC Contract Agreement dated 06.01.2020.

2.

While invoking arbitration, the petitioner has nominated Shri Kamlesh Kumar, former Additional Director General, Ministry of Road Transport & Highways, as its nominee of the Arbitral Tribunal. 3.

Mr. Santosh Kumar, learned counsel for National Highways Authority of India ["NHAI"], states that NHAI has since nominated ARB.P. 1197/2024 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 27/08/2024 at 11:29:53

Hon'ble Mr. Justice Vipin Sanghi, former Chief Justice of Uttarakhand High Court, as its nominee arbitrator.

4.

In these circumstances, learned counsel for the parties submit that the petition may be disposed of, as the constitution of the Arbitral Tribunal will be complete upon nomination of the Presiding Arbitrator by the two nominated arbitrators.

5.

The petition is disposed of with these observations. PRATEEK JALAN, J AUGUST 22, 2024 SS/ ARB.P. 1197/2024 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 27/08/2024 at 11:29:53