ARB.P. 1691/2026 $~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010447962026 + ARB.P. 1691/2026 ROADWAY SOLUTIONS INDIA INFRA LIMITED .....Petitioner Through: Mr. Dayan Krishnan, Senior Advocate with Mr. Aditya Dewan, Ms. Ramneet Kaur, Ms. Radhika Yadav and Mr. Ambar Malik, Advocates. versus NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Respondent Through: Mr. Ankur Mittal, Senior Advocate with Mr. Abhay Gupta, Mr. Ankur Saboo, Ms. Ipshita Dutta, Mr. Aviraj Pandey, Ms. Rabaica Jaiswal and Ms. Allaka Malikayil, Advocates. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 22.09.2026 I.A. 25996/2026, 25997/2026 (Exemptions) 1. Allowed, subject to all just exceptions. 2. Applications stand disposed of. I.A. 25995/2026 3. This application is filed on behalf of the Petitioner under Section 151 CPC seeking permission to file lengthy list of dates and synopsis. 4. For the reasons stated in the application, the same is allowed. List of dates and synopsis are taken on record. 5. Application stands disposed of. 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 24/09/2026 at 10:43:33 ARB.P. 1691/2026 ARB.P. 1691/2026 6. This petition is filed on behalf of the Petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘1996 Act’) seeking appointment of the Presiding Arbitrator of the three-member Arbitral Tribunal constituted under Article 26.3 of EPC Contract dated 19.01.2024. 7. Issue notice. 8. Mr. Abhay Gupta, learned counsel accepts notice on behalf of the Respondent. 9. To the extent necessary, the case of the Petitioner is that a Concession Agreement dated 01.11.2021 was executed between NHAI and Vadodara Mumbai Expressway PKG-09 Private Limited, a Special Purpose Vehicle promoted by the Petitioner for development of Package 9 of the VME Project (Km 128+000 to Km 154+600) under the Hybrid Annuity Model. As averred, NHAI was obliged to provide a minimum of 80% contiguous Right of Way, however, it failed to provide the required land and wrongfully issued Deemed Termination Notice dated 29.03.2023 against the SPV under Clause 4.5 of the Concession Agreement. 10. It is stated that disputes were referred to a three-member Arbitral Tribunal and a majority award was passed on 01.08.2025 holding that the Deemed Termination Notice was in contravention of the Concession Agreement and constituted Respondent’s default and awarding the claims with legal costs. Pursuant to re-tendering, EPC Letter of Acceptance was issued by the Respondent in favour of the Petitioner on 23.11.2023 and EPC Contract was executed on 19.01.2024 for a contract price of Rs. 821 crores. Disputes again arose between the parties and Respondent issued Termination Notice dated 14.05.2026, terminating the contract with 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 24/09/2026 at 10:43:33 ARB.P. 1691/2026 immediate effect during pendency of DRB proceedings and simultaneously, encashing Performance Bank Guarantees amounting to Rs. 24.63 crores as also withholding certified payments. 11. It is stated that on 04.08.2026, Petitioner issued notice invoking arbitration nominating Justice (Retd.) Pankaj Kumar Jaiswal as its nominee Arbitrator and called upon the Respondent to nominate its Arbitrator within 14 days. On 05.08.2026, Petitioner filed a petition under Section 11(6) of 1996 Act being ARB.P. No. 1358/2026, in which notice was issued on 07.08.2026 for 24.09.2026. 12. It is stated that on 18.08.2026 Respondent appointed Justice (Retd.) Ali Mohammad Magrey as its nominee Arbitrator, who accepted the appointment and conveyed his consent vide letter dated 19.08.2026. However, the two nominee Arbitrators were unable to arrive at a consensus regarding the appointment of the Presiding Arbitrator and accordingly, present petition was filed. Be it noted that there is a categorical assertion in the present petition that Petitioner shall withdraw the pending ARB.P. No. 1358/2026 on 24.09.2026, the next date in the matter. 13. Having heard learned Senior Counsels for the respective parties and on perusal of Article 26.3 of the EPC Contract dated 19.01.2024 as also the applicable SAROD Rules, Court finds no impediment in appointing the Presiding Arbitrator. Accordingly, the following directions are issued:- (i) Justice (Retd.) Ashok Bhushan, former Judge of the Supreme Court is appointed as the Presiding Arbitrator to adjudicate the disputes between the parties; (ii) Learned Presiding Arbitrator shall furnish a disclosure in terms of Section 12 of the 1996 Act, prior to entering upon reference; 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 24/09/2026 at 10:43:33 ARB.P. 1691/2026 (iii) Fee of the Arbitrator(s) shall be as per Fourth Schedule of the 1996 Act, in consonance with office order dated 29.01.2024 issued by SAROD; (iv) It shall be open to the parties to file their claims/counter claims in the arbitration proceedings; and (v) All rights and contentions of the parties are left open for adjudication by the Arbitral Tribunal and it is made clear that this Court has not expressed any opinion on the merits of the disputes between the parties. 14. Present petition is allowed and disposed of in the aforesaid terms. JYOTI SINGH, J SEPTEMBER 22, 2026 S.Sharma 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 24/09/2026 at 10:43:33