JUDGMENT

V. Kameswar Rao, (Oral) J. - I.A. 13050/2022 (filed by the petitioner seeking permission to place additional documents on record)

For the reasons stated in the application, the same is allowed and the documents A, B and C filed along with the application are taken on record. Application is disposed of.

O.M.P. (T) (Comm.) 45/2022

1. This petition has been filed by the petitioner National Highways Authority of India ('NHAI', for short) under Section 14 and 15 (2) of the Arbitration and Conciliation Act, 1996 ('the Act' hereinafter) seeking, inter-alia, termination of the mandate of the Arbitral Tribunal ('Tribunal' hereinafter) and appointment of a substitute Tribunal.

2. According to the petitioner, the Tribunal is de jure and de facto unable to perform its functions, as the fee being charged by the Tribunal is in complete disregard of the agreement between the parties which provides for Arbitration as per the Rules of Arbitration of the International Centre for Alternative Dispute Resolution, New Delhi ('ICADR Rules', for short). The respondent is a special purpose vehicle incorporated to carry out rehabilitation and upgradation of the Piprakothi-Motihari-Raxaul Section of Nati