Petitioner sought substitution of the Presiding Arbitrator who died while arbitration proceedings were pending at final arguments stage, arising from a highway concession agreement with NHAI. Court appointed Justice Hima Kohli (Retd.) as Presiding Arbitrator and disposed of the petition.
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$~80
VADODARA MUMBAI EXPRESSWAY PKG 09 PRIVATE LIMITED .....Petitioner Through: Mr. Samir Malik, Mr. Varun Kalra and Mr. Krishan Kumar, Advocates.
versus
NATIONAL HIGHWAY AUTHORITY OF INDIA .....Respondent Through: Ms. Madhu Sweta and Mr. Yash Kapoor, Advocates.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R % 08.04.2025
I.A. 9163/2025 (Exemption)
O.M.P. (T) (COMM.) 28/2025
Page 1 of 3
O.M.P. (T) (COMM.) 28/2025
This is a digitally signed order. 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 15/04/2025 at 15:53:36
Mumbai Expressway (Karvad to Jujuwa section) in the state of Gujarat on Hybrid Annuity mode under Bharatmala Pariyojna (Phase 1-Package IX). Petitioner invoked arbitration clause 38.3 of the Concession Agreement vide notice dated 07.08.2023 and on failure of the Respondent to appoint its nominee Arbitrator, filed Arb. Pet. No. 785/2023 before this Court for appointment of all three Members of the Arbitral Tribunal.
Page 2 of 3
O.M.P. (T) (COMM.) 28/2025
This is a digitally signed order. 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 15/04/2025 at 15:53:36
this Court has unfortunately expired, this Court finds no impediment in appointing the Presiding Arbitrator of the Arbitral Tribunal. Accordingly, Hon’ble Ms. Justice Hima Kohli, former Judge of the Supreme Court (Mobile No. 9871300036) is appointed as the Presiding Arbitrator of the Arbitral Tribunal. The Arbitral Tribunal shall proceed from the stage the proceedings are currently pending.
JYOTI SINGH, J
APRIL 8, 2025
S.Sharma/shivam
Page 3 of 3
O.M.P. (T) (COMM.) 28/2025
This is a digitally signed order.
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 15/04/2025 at 15:53:36
1 issue framed by the court
Who should substitute the deceased Presiding Arbitrator of the Arbitral Tribunal constituted for disputes under the Concession Agreement?
3 provisions across 1 enactments
Vadodara Mumbai Expressway Pkg 09 Private Limited
National Highway Authority of India
Jyoti Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
