M/S Hule Constructions Pvt. Ltd. v. National Highway Authority of India and Others
Case brief
What is this about?
Termination of arbitrator's mandate under Sections 14/15 Arbitration and Conciliation Act, 1996; arbitrator failing to proceed diligently; Section 16 jurisdiction application and Section 17 interim relief application undecided since hearing of 06.09.2024; NHAI as respondent supported termination; substitute arbitrator appointed by consent — Mr. Justice Shyam Kishore Sharma, former Judge, Patna High Court; fee per Fourth Schedule; Section 12 disclosure; no aspersions on arbitrator; rights and contentions left open; condonation of 45 days' re-filing delay under S. 5 Limitation Act read with S. 151 CPC (I.A. 18584/2025); Delhi High Court; Jyoti Singh, J.; decided 05.08.2025.
What did the court decide?
Delay of 45 days in re-filing condoned (I.A. 18584/2025); mandate of the Sole Arbitrator terminated under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996; Mr. Justice Shyam Kishore Sharma, former Judge of Patna High Court, appointed substitute Arbitrator with consent of parties; his fee to be fixed as per Fourth Schedule of the 1996 Act; disclosure under Section 12 of the 1996 Act required before entering upon reference; all rights and contentions of the parties left open.