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2023 Supreme(Del) 266

PRATEEK JALAN
National Highways Authority Of India – Appellant
Versus
Third Rock Consultants Private Limited – Respondent


Advocate Appeared:
For the Appellant :Mr. Manish K. Bishnoi, Mr. Nirmal Prasad, Advocates.
For the Respondent:Mr. Himanshu Gupta, Mr. Aditya Sikka, Ms. Padamja Sharma, Ms. Vasudha Vijaysheel, Advocates.

JUDGMENT :

PRATEEK JALAN, J. (ORAL)

1. By way of the present petition under Section 14 of the Arbitration and Conciliation Act, 1996 [“the Act”], the petitioner-National Highways Authority of India [“NHAI”], seeks termination of the mandate of the learned sole arbitrator who is in seisin of the disputes between the parties under a Contract Agreement dated 29.10.2014 [“the Agreement”].

Submissions of learned counsel for the parties

2. Mr. Manish K. Bishnoi, learned counsel for the petitioner, submits that the arbitrator has been appointed without following the procedure prescribed in the Agreement. The controversy between the parties is outlined in the order of this Court dated 02.12.2022, by which notice was issued to the respondent and a limited ad interim order passed.

3. As noted in the said order, however, Mr. Himanshu Gupta, learned counsel for the respondent, has taken a preliminary objection with regard to the maintainability of the present petition in this Court on the ground of pecuniary jurisdiction. It is the admitted position that the dispute in the arbitration involves a sum of approximately 32 lakhs, whereas the ordinary original civil jurisdiction of this Court is only in

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