1. This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996 (‘Act’) filed by the Petitioner, Soma Isolux Kishangarh Beawar Tollway Private Limited, seeking certain interim reliefs.

Background facts

2. The background facts are that the Petitioner entered into a Concession Agreement (‘CA’) with the Respondent National Highways Authority of India (‘NHAI’) to augment the road from km 364.125 to km 58.245 (approximately 93.56 km) on the Kishangarh – Ajmer – Beawar section of National Highway No. 8 (‘NH-8’) in the State of Rajasthan. The Petitioner was to undertake six-laning of NH-8 on build, operate and transfer (‘BOT’) basis. The Petitioner was granted a concession for a period of 18 years commencing from the appointed date. The NHAI accepted the bid of the Petitioner and issued a letter of award dated 21st April 2009. Thereafter, the CA was executed on 18th May 2009.

3. The total project cost was Rs. 1304.64 crores. Rs. 324.64 crores in the form of equity was brought in by the promoters of the Petitioner Consortium and the balance Rs. 978 crores throug