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JYOTI SINGH
Tpf Getinsa Euroestudios, Sl In Ass. With Segmental Consulting & Infr. Advisory (p) Ltd – Appellant
Versus
National Highways Auth. of India – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)--Present petition has been filed by the Petitioner under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `1996 Act') seeking the following reliefs:
"a. Grant ad-interim ex-parte stay of the operation of the impugned termination notice dated 17.05.2023;
b. Pass an ad-interim direction against the Respondent Authority, restraining them from taking any coercive actions in furtherance of the impugned termination notice dated 17.05.2023;
c. Pass directions directing the Respondent Authority to continue to act in accordance with the terms of the Contract Agreement dated 11.12.2019;
d. Hold issuance of the impugned termination notice dated 17.05.2023 as null & void, being illegal and in the teeth of settled principles of law;
e. Issue appropriate directions/orders directing the Respondent not to encash the Bank Guarantees submitted by the Petitioner;"
2. Disputes between the parties have arisen on account of termination of Contract Agreement dated 11.12.2019, whereby the Petitioner in association with Segmental Consulting and Infrastructure Advisory (P) Ltd. was appointed as NHAI's Engineer for Rehabilitation and Upgradati
The main legal point established is the recognition of urgency in interim relief and the direction for an expeditious hearing before the learned Arbitrator.
The issuance of a termination notice does not terminate the contract if the affected party invokes arbitration within the stipulated period as per the agreement's clause.
Delays in arbitration proceedings and failure to comply with the requirements of the Arbitration and Conciliation Act, 1996 can warrant the termination of an arbitrator's mandate.
The court has the authority to direct an arbitrator to pass the award expeditiously, considering the delay and the parties' agreement to proceed with the same arbitrator.
Section 12(5) of the Arbitration and Conciliation Act mandates the termination of an arbitrator's mandate if applicable, ensuring appointment of a qualified substitute arbitrator for fairness in proc....
Arbitration Application – Grant if interim relief - Court exercising appellate jurisdiction against an order in a Section 9 application, do not even have jurisdiction
Parties agreed to refer disputes to arbitration under Section 17 of the Arbitration and Conciliation Act, 1996; interim directions remain operational until arbitrator's decision.
The court's authority to appoint an arbitrator in cases where the parties are unable to agree, in accordance with the law laid down by the Supreme Court and the provisions of the Arbitration & Concil....
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