O.M.P.(I) (COMM.) 398/2026 1 $~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010427972026 + O.M.P.(I) (COMM.) 398/2026 SAHAKAR GLOBAL LIMITED .....Petitioner Through: Mr. Mukul Rohatgi, Sr. Advocate with Mr. Rajiv Nayar, Sr. Advocate with Mr. Rakesh Sinha, Mr. Pawan Kumar Bansal, Mr. Anand Srivastava, Mr. Ahsan Ulhaq and Mr. Goswami, Advocates. versus NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Respondent Through: Mr. Santosh Kumar, Sr. Advocate with Ms. Padma Priya, Standing Counsel for NHAI with Ms. Poornima Gupta, Mr. Akash Kishore and Ms. Devanshi Sancheti, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R % 21.09.2026 1. The present petition has been filed under Section 9 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’). It inter alia, challenges the order dated 31.08.2026, issued by the respondent pursuant to a Show Cause Notice issued on 27.07.2026. 2. The grievance of the petitioner emanates from the fact that it has been debarred from participating in any tender/process of the National Highway Authority of India for a period of one year. 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 23/09/2026 at 10:54:59 O.M.P.(I) (COMM.) 398/2026 2 3. Respondent, in its short reply, has contended that the present petition is not maintainable as the impugned order has been passed in exercise of Administrative powers vested in the respondent under National Highways Authority of India Act, 1988 and, therefore, such action falls outside the scope of the Arbitration Agreement and, therefore, is not arbitrable. Learned Senior Counsel for the respondent submits that for the abovesaid reason, even the present petition filed under Section 9 of the Act is not maintainable. 4. After some arguments, learned Senior Counsel for the petitioner, on instructions and without prejudice to their rights and contentions, seeks to withdraw the present petition. It is stated that in view of the abovesaid stand taken by the respondent, petitioner would, instead, file appropriate petition invoking writ jurisdiction. 5. The present petition is, accordingly, disposed of as withdrawn, in aforesaid terms. 6. All rights and contentions of the parties are, however, reserved. 7. A copy of this order be given dasti under the signatures of Court Master. MANOJ JAIN, J SEPTEMBER 21, 2026/ss/sa 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 23/09/2026 at 10:54:59