Ms Ksheeraabd Construction Pvt. Ltd. Vs National Highways and… — Arbitration | Delhi HC (2026)

Ms Ksheeraabd Construction Pvt. Ltd. Vs National Highways and… — Arbitration | Delhi HC (2026)

What the court decided

AI extract

Outcome

Petition disposed of; Hon'ble Mr. Justice Sharad Arvind Bobde, Former Chief Justice of India, appointed substitute Sole Arbitrator; fees per the Fourth Schedule of the A&C Act; disclosure under Section 12(2) of the A&C Act within two weeks of entering into reference; all rights and contentions of the parties kept open.

Issue for consideration

Whether a substitute Sole Arbitrator should be appointed in place of the arbitrator (appointed vide Order dated 23.12.2025) who expressed his inability to continue with the arbitral proceedings.

Ratio / Principle

In view of the consensus of the parties, this Court appointed Hon'ble Mr. Justice Sharad Arvind Bobde, Former Chief Justice of India, as the substitute Sole Arbitrator, to enter upon the reference and adjudicate the disputes between the parties in accordance with law.

Key takeaways

The fees of the learned Sole Arbitrator shall be fixed as per the Fourth Schedule of the A&C Act.ratio¶17
The learned Arbitrator is requested to file the requisite disclosure under Section 12(2) of the A&C Act within two weeks of entering into reference.ratio¶18
All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law.ratio

Detailed headnote1 paragraphs

Arbitration and Conciliation Act, 1996 — Sections 15(1)(a), 15(2) — appointment of substitute Sole Arbitrator. The Sole Arbitrator previously appointed by this Court vide Order dated 23.12.2025 communicated his inability to continue with the arbitral proceedings by communication dated 29.01.2026. Learned counsel for both parties were ad idem that the disputes be referred to a substitute Sole Arbitrator to be appointed by the Court, with all rights and contentions reserved as per the Order dated 23.12.2025. On this consensus, the Court appointed Hon'ble Mr. Justice Sharad Arvind Bobde, Former Chief Justice of India, as substitute Sole Arbitrator to enter upon the reference and adjudicate the disputes in accordance with law. His fees are to be fixed as per the Fourth Schedule of the A&C Act; he is to file the requisite disclosure under Section 12(2) within two weeks of entering into reference. All rights and contentions of the parties on claims/counter-claims are kept open; the order is not an expression of the Court on the merits. Petition disposed of along with pending applications.

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 24.02.2026

- O.M.P. (T) (COMM.) 20/2026 & I.A. 5030/2026 (For Exemption)

MS KSHEERAABD CONSTRUCTION PVT LTD

.....Petitioner Through: Ms. Anshula Grover and Ms. Diksha Priya, Advocates.

versus

NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD .....Respondent Through: Mr. Anshul Rai and Ms. Mallika Ranjan, Advocates.

CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

% JUDGEMENT (ORAL)

HARISH VAIDYANATHAN SHANKAR, J.

The present petition has been instituted under Section 15(1)(a) read with Section 15(2) of the Arbitration and Conciliation Act, 1996¹ , seeking the appointment of a substitute Sole Arbitrator in view of the communication dated 29.01.2026, whereby the learned Arbitrator, earlier appointed by this Court vide Order dated 23.12.2025, has expressed his inability to continue with the arbitral proceedings.

Learned counsel appearing for the parties submit that they are

1 A&C Act

Signature Not Verified Digitally Signed O.M.P. (T) (COMM.) 20/2026 Page 1 of 2 By:HARVINDER KAUR BHATIA Signing Date: 27.0 2.2026 15:21:42

ad idem that the disputes may be referred to a substitute Sole Arbitrator to be appointed by this Court, with all rights and contentions of the parties remaining as reserved in terms of the Order dated 23.12.2025.

In view of the aforesaid consensus, this Court appoints Hon’ble Mr. Justice Sharad Arvind Bobde, Former Chief Justice of India , as the substitute Sole Arbitrator, who shall enter upon the reference and adjudicate the disputes between the parties in accordance with law.

The fees of the learned Sole Arbitrator shall be fixed as per the Fourth Schedule of the A&C Act.

The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the A&C Act within two weeks of entering into reference.

All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law.

Needless to say, nothing in this order shall be construed as an expression of this Court on the merits of the contentions of the parties. 8. The petition is disposed of along with pending application(s), if any.

HARISH VAIDYANATHAN SHANKAR, J. FEBRUARY 24, 2026/nd/kr

Signature Not Verified

O.M.P. (T) (COMM.) 20/2026 Page 2 of 2

Digitally Signed By:HARVINDER KAUR BHATIA Signing Date: 27.0 2.2026 15:21:42