Nk Toll Road Limited Vs National Highways Authority of India

$~28

IN THE HIGH COURT OF DELHI AT NEW DELHI

- O.M.P.(MISC.)(COMM.) 194/2026 & I.A. 5043/2026

NK TOLL ROAD LIMITED .....Petitioner Through: Mr. Hasan Murtaza, Mr. Sameer Sharma and Mr. Ankit Kumar Sinha, Advs. Mob: 9654996090 & 9871592299 Email: [email protected] & [email protected]

¶5

versus

¶6

NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Respondent Through: Mr. Nishant Awana, Ms. Rini Badoni, Ms. Nitya Sharma, Mr. Mayank Chaudhary and Mr. G.S. Awana, Advs. Mob: 7838760760 Email: [email protected]

¶7

CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

¶8

O R D E R

¶9

% 24.02.2026

¶10

I.A. 5043/2026 (For Exemption)

¶11

Exemption allowed, subject to all just exceptions.

¶12

Application is accordingly disposed of.

¶13

O.M.P.(MISC.)(COMM.) 194/2026

¶14

The present petition has been filed under Section 29-A(4) and (5) of the Arbitration and Conciliation Act, 1908 (“Arbitration Act”), on behalf of the petitioner, seeking extension of the mandate of the Arbitral Tribunal, for

¶15

Page 1 of 3

¶16

This is a digitally signed order.

¶17

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 28/02/2026 at 12:39:21

¶18

a period of six (06) months.

¶19

Learned counsel appearing for the petitioner submits that a Concession Agreement dated 30^th January, 2006 was executed between the petitioner and the respondent, i.e., National Highways Authority of India (“NHAI”) for the design, construction, development etc. of a stretch of National Highway-7 (Namakkal-Karur Section) in the State of Tamil Nadu, on a Build, Operate and Transfer (BOT) basis.

¶20

Since, disputes arose between the parties, the petitioner invoked the Arbitration Clause, i.e., Clause 39.2 of the Concession Agreement, by issuing a notice under Section 21 of the Arbitration Act on 24^th May, 2024. 6. Consequently, an Arbitral Tribunal was constituted on 02^nd August, 2024. The petitioner filed its Statement of Claim (“SoC”) on 07^th September, 2024, while the respondent filed the Statement of Defense (“SoD”) and counter claims on 22^nd November, 2024.

¶21

Accordingly, the pleadings were completed on 27^th January, 2025, upon filing of the respondent’s rejoinder to the petitioner’s reply to counter claims. Further, the cross-examination of the witnesses was concluded on 07^th July, 2025, and thereafter, the matter was fixed for final arguments.

¶22

However, during the pendency of the arbitral proceedings, an application under Section 17 of the Arbitration Act was filed by the petitioner, pursuant to the Cure Period Notice dated 09^th October, 2025, issued by the respondent, which was decided by Arbitral Tribunal, vide its order dated 03^rd January, 2026.

¶23

Subsequently, an appeal, i.e., ARB. A.(COMM) 12/2026 , has been filed against the aforesaid order dated 03^rd January, 2026 under Section 37(2)(b) of the Arbitration Act, before this Court by the petitioner, which is

¶24

Page 2 of 3

¶25

This is a digitally signed order.

¶26

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 28/02/2026 at 12:39:21

¶27

pending adjudication.

¶28

It is submitted that the mandate of the Arbitral Tribunal has expired on 27^th January, 2026. Thus, the present petition has been filed, seeking extension of the mandate of the Arbitral Tribunal, for a period of six (06) months.

¶29

Issue notice. Notice is accepted by learned counsel for the respondent, who submits that he has no objection if the mandate of the Arbitral Tribunal is extended.

¶30

Considering the submissions made before this Court, and with the consent of the parties, and in view of the fact that the matter is now at the stage of final arguments, the mandate of the learned Arbitral Tribunal is extended for a period of six (06) months, with effect from 27^th January, 2026.

¶31

The period from 27^th January, 2026, till today stands regularized.

¶32

With the aforesaid direction, the present petition is accordingly disposed of.

¶33

MINI PUSHKARNA, J

¶34

FEBRUARY 24, 2026/ SK

¶35

Page 3 of 3

¶36

This is a digitally signed order.

¶37

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 28/02/2026 at 12:39:21

Nk Toll Road Limited v. National Highways Authority of India

Case brief

What is this about?

What did the court decide?

Nk Toll Road Limited v. National Highways Authority of India

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Posist Technologies Pvt. Ltd. Vs Sanchit Sahni

Ion Exchange India Lltd Vs Doosan Power Systems India Pvt. Ltd.

Siddhant Shangle Vs Government of NCT of Delhi Public Works Department

M/S Skb Project (I) Pvt. Ltd. Vs Army Welfare Housing Organization

Punj Lloyd Ltd. Vs Indian Oil Corporation Ltd.

Braj Mohan Rathore & Ors. Vs Mahesh Edible Oil Industries Ltd. & Ors.

Rakhi Singh Vs Ajay Singh Shekhawat

S.L. Electromech Pvt. Ltd. Vs Punjab and Sind Bank & Anr.

Mohammed Irfan & Ors. Vs Mohammed Ziauddin Maniyar & Anr.

Mr. Kapil Marwah Vs Mrs. Manju Kapoor & Ors.

M/S Jisna Infracon Private Limited Vs Ms. Rajni Garg and Ors.

Mehr Nigar Vs Aatika Manzar and Ors. & Ors.

Braj Mohan Rathore & Ors. Vs Mahesh Edible Oil Industries Ltd. & Ors.

Silvergates Holdings and Investment Private Limited Vs Statkraft India Private Limited & Ors.