M/S Jra Infrastructure Pvt Ltd v. National Highways And Infrastructure Development Corporation Ltd & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 1519/2025 M/S JRA INFRASTRUCTURE PVT LTD .....Petitioner Through:

Mr. Kunwar Chandresh, Ms. Poonam Prasad, Mr. Divyansh Singh, Mr.

Bitan Chakrabarty, Advs.

versus NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD & ANR.

.....Respondents Through:

Mr. Kiran Kumar Patra , Mr. Preetish Sahu, Advs.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 28.10.2025 1.

This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1997 seeking appointment of an Arbitrator for adjudication of the disputes between the parties. 2.

The facts are that the petitioner was awarded the Works of "Construction of 2-lane specification road with Paved shoulder as realignment (Greenfield alignment) of existing stretch between Legship to Gyalshing of NH-510 (Design chainage from Km 58.840 to Km 75.00) under SARDP-NE Phase 'A' on EPC mode in the state of Sikkim (Package-V)" vide Letter of Award dated 14.09.2020. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Subsequently, an Engineering, Procurement & Construction Agreement was executed between the parties.

3.

The said Agreement contained an arbitration clause being Article No. 26.3, which reads as under:

"26.3 Arbitration (i) Any dispute which remains unresolved between the parties through the mechanisms available/ prescribed in the Agreement, irrespective of any claim value, which has not been agreed upon/ reached settlement by the parties, will be referred to the Arbitral Tribunal as per the Arbitration and Conciliation Act.

(ii) Deleted (iii) The Arbitral Tribunal shall make a reasoned award (the "Award"). Any Award made in any arbitration held pursuant to this Article 26 shall be final and binding on the Parties as from the date it is made, and the Contractor and the Authority agree and undertake to carry out such Award without delay.

(iv) The Contractor and the Authority agree that an Award may be enforced against the Contractor and/or the Authority, as the case may be, and their respective assets wherever situated.

(v) This Agreement and the rights and obligations of the Parties shall remain in full force and effect, pending the Award in any arbitration proceedings hereunder. Further, the parties unconditionally acknowledge and agree that The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

notwithstanding any dispute between them, each Party shall proceed with the performance of its respective obligations, pending resolution of Dispute in accordance with this Article.

(vi) In the event the Party against whom the Award has been granted challenges the Award for any reason in a court of law, it shall make an interim payment to the other Party for an amount equal to 75% [seventy five per cent] of the Award, pending final settlement of the Dispute. The aforesaid amount shall be paid forthwith upon furnishing an irrevocable Bank Guarantee for a sum equal to 120 % (one hundred and twenty per cent) of the aforesaid amount. Upon final settlement of the Dispute, the aforesaid interim payment shall be adjusted and any balance amount due to be paid or returned, as the case may be, shall be paid or returned with interest calculated at the rate of 10% (ten per cent) per annum from the date of interim payment to the date of final settlement of such balance."

4.

Since disputes between the parties, the petitioner invoked arbitration vide Legal Notice dated 27.06.2025 and thereafter, filed the present petition.

5.

Mr Patra, learned counsel for the respondents states that he has no objection to the appointment of an Arbitrator, as long as the claims/counter-claims of the respondents are left open to be adjudicated by the Arbitrator.

6.

I am satisfied that there is a valid arbitration clause and disputes The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

between the parties which need to be adjudicated through arbitral mechanism.

7.

For the said reasons, the petition is allowed and the following directions are issued:- i) Ms. Suruchi Aggarwal (Sr. Advocate) (Mob. No. 9312631490) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

ii) The arbitration will be held under the aegis and rules of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the 'DIAC'). iii) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators' Fees) Rules, 2018. iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference. v) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims/counter-claims and merits of the dispute of either of the parties, are left open for adjudication by the learned Arbitrator.

vi) The parties shall approach the learned Arbitrator within two weeks from today.

8.

The present petition is disposed of in the aforesaid terms. JASMEET SINGH, J OCTOBER 28, 2025/sp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.