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SURESH KUMAR KAIT
Panipat Jalandhar Nh 1 Tollway Private Limited Formerly Known As M S Soma Isolux Nh 1 Tollway Pvt Ltd. – Appellant
Versus
National Highways Authority of India – Respondent
JUDGMENT :
The present petition under the provisions of Section 11(6) of the Arbitration and Conciliation Act, 1996 has been filed by the petitioner seeking appointment of the respondent’s Arbitrator upon its failure to appoint the same, for adjudication of disputes with regard to Concession Agreement dated 9th May, 2008. In addition, prayer is also made to declare that the purported appointment of Justice (Retd.) G.P. Mathur, former Judge, Supreme Court by the respondent is non-est and bad in the eyes of law.
2. The petitioner-Panipat Jalandhar NH-1 Tollway Private Limited had entered into a Concession Agreement dated 9th May, 2008 with respondent -National Highway Authority of India (NHAI) for Six-Laning of Panipat-Jalandhar Section of NH-1 from Km 96.00 to Km 387.10 (length of 291.10 Km) in the State of Haryana and Punjab to be executed on Built-Operate-Transfer (Toll) basis on Design-Build-Finance-Operate (DBFO) pattern under NHDP Phase-V. The duration of the Concession Agreement was 15 years commencing from 11th May, 2009 till 11th May, 2024.
3. According to petitioner, subsequent to entering into the Concession Agreement, petitioner started the work, however, certain disputes ar
Point of law: In any agreement or contract, an arbitration clause is maintained with the object to speedy resolution of disputes and in cases where the disputes are of larger magnitude and multiple i....
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The main legal point established in the judgment is that the appointment of an arbitrator must be in accordance with the law, and if found to be invalid, the court has the jurisdiction to set it asid....
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