$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 194/2026 & I.A. 5043/2026 NK TOLL ROAD LIMITED .....Petitioner Through: Mr. Hasan Murtaza, Mr. Sameer Sharma and Mr. Ankit Kumar Sinha, Advs.

Mob: 9654996090 & 9871592299 Email: h.murtaza@hotmail.com & sameer.sharma@hbchambers.in versus NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Respondent Through: Mr. Nishant Awana, Ms. Rini Badoni, Ms. Nitya Sharma, Mr. Mayank Chaudhary and Mr. G.S. Awana, Advs.

Mob: 7838760760 Email: nishantawana@outlook.com CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 24.02.2026 I.A. 5043/2026 (For Exemption)

1. Exemption allowed, subject to all just exceptions.

2. Application is accordinglydisposed of.

O.M.P.(MISC.)(COMM.) 194/2026

3. The present petition has been filed under Section 29-A(4) and (5) of the Arbitration and Conciliation Act, 1908 (“Arbitration Act”), on behalf of the petitioner, seeking extension of the mandate of the Arbitral Tribunal, for a period of six (06) months.

4. Learned counsel appearing for the petitioner submits that a Concession Agreement dated 30^th January, 2006 was executed between the petitioner and the respondent, i.e., National Highways Authority of India (“NHAI”) for the design, construction, development etc. of a stretch of National Highway-7 (Namakkal-Karur Section) in the State of Tamil Nadu, on a Build, Operate and Transfer (BOT) basis.

5. Since, disputes arose between the parties, the petitioner invoked the Arbitration Clause, i.e., Clause 39.2 of the Concession Agreement, by issuing a notice under Section 21 of the Arbitration Act on 24^th May, 2024.

6. Consequently, an Arbitral Tribunal was constituted on 02^nd August, 2024. The petitioner filed its Statement of Claim (“SoC”) on 07^th September, 2024, while the respondent filed the Statement of Defense (“SoD”) and counter claims on 22^nd November, 2024.

7. Accordingly, the pleadings were completed on 27^th January, 2025, upon filing of the respondent’s rejoinder to the petitioner’s reply to counter claims. Further, the cross-examination of the witnesses was concluded on

07^th July, 2025, and thereafter, the matter was fixed for final arguments.

8. However, during the pendency of the arbitral proceedings, an application under Section 17 of the Arbitration Act was filed by the petitioner, pursuant to the Cure Period Notice dated 09^th October, 2025, issued by the respondent, which was decided by Arbitral Tribunal, vide its order dated 03^rd January, 2026.

9. Subsequently, an appeal, i.e., ARB. A.(COMM) 12/2026, has been filed against the aforesaid order dated 03^rd January, 2026 under Section 37(2)(b) of the Arbitration Act, before this Court by the petitioner, which is pending adjudication.

10. It is submitted that the mandate of the Arbitral Tribunal has expired on 27^th January, 2026. Thus, the present petition has been filed, seeking extension of the mandate of the Arbitral Tribunal, for a period of six (06)

months.

11. Issue notice. Notice is accepted bylearned counsel for the respondent, who submits that he has no objection if the mandate of the Arbitral Tribunal is extended.

12. Considering the submissions made before this Court, and with the consent of the parties, and in view of the fact that the matter is now at the stage of final arguments, the mandate of the learned Arbitral Tribunal is extended for a period of six (06) months, with effect from 27^th January, 2026.

13. The period from 27^th January, 2026, till todaystands regularized.

14. With the aforesaid direction, the present petition is accordingly disposed of.

MINI PUSHKARNA, J FEBRUARY 24, 2026/SK