Hindustan Construction Company ... vs National Highways & ...
2022 Latest Caselaw 1250 Del

                                      $~37
                                      *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      %                Judgment delivered on: 27th April, 2022

                                      +                         ARB.P. 487/2022
                                      HINDUSTAN CONSTRUCTION COMPANY LIMITED...Petitioner

                                                                versus

                                      NATIONAL HIGHWAYS & INFRASTRUCTURE
                                      DEVELOPMENT CORPORATION LIMITED    ..... Respondent
                                      Advocates who appeared in this case:
                                      For the Petitioner:       Mr. Dayan Krishan, Senior         Advocate         with
                                                                Advocate (name not given).

                                      For the Respondent:       Mr. Alok Kumar Jain, Advocate

                                      CORAM:-
                                      HON'BLE MR. JUSTICE SANJEEV SACHDEVA

                                                                  JUDGMENT

SANJEEV SACHDEVA, J

1. Petitioner seeks appointment of an Arbitral Tribunal pursuant to the contract agreement for rehabilitation and augmentation of four laning of Numaligarh to Jorhat section dated 14.11.2014.

2. Issue notice. Notice is accepted by learned counsel for respondent.

3. Learned counsel for respondent submits that without prejudice to their rights and contentions, they have no objection to the

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:27.04.2022 Signing Date:28.04.2022 12:24:37 23:17 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

constitution of the Arbitral Tribunal.

4. Learned counsel for the petitioner submits that they have nominated Dr. M.S. Srinivasan as their nominee Arbitrator. Learned counsel for respondent submits that as per his instructions, respondent is nominating Mr. Alok Chaturvedi, IAS (Retd.) as their nominee Arbitrator.

5. With the consent of the parties, Mr. Justice Mukundakam Sharma (retd), former Judge of the Supreme Court is appointed as the third Arbitrator to act as the presiding Arbitrator.

6. The Arbitral tribunal shall entertain the claims and counter claims, if any, of the parties.

7. The fees of the Arbitrator Tribunal shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996.

8. The Arbitrators shall furnish the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within two weeks of entering reference.

9. Petition is disposed of in the above terms.

SANJEEV SACHDEVA, J APRIL 27, 2022 NA

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:27.04.2022 Signing Date:28.04.2022 12:24:37 23:17 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.