$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 20.02.2026 + ARB.P. 182/2026 SHANKAR AGARWAL .....Petitioner Through: Mr. Rohan Taneja & Mr.

Animesh Dubey, Advocates.

versus NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED .....Respondent Through: Ms. Nivvedita Chauhan, Ms.

Tanvi Mahajan, Ms. Komal Singh, Advocates along with Ms. Rakhi Pandey [Representative for Respondent].

CORAM:

HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL)

HARISH VAIDYANATHAN SHANKAR, J.

1. The present Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, Act, seeking the appointment of an Arbitrator to adjudicate the disputes between the parties arising out of the Engineering, Procurement and Construction Agreement dated 15.12.2022, Agreement

2. The said Agreement contains an Arbitration Clause, being Clause 26.3, which reads as under:

“26.3 Arbitration:

(i) Any dispute which remains unresolved between the parties through the mechanisms available/prescribed in the Agreement, irrespective of any claim value, which has not been agreed upon/ reached settlement by the parties, will be referred to the Arbitral Tribunal as per the Arbitration and Conciliation Act.

(ii) Deleted (iii) The Arbitral Tribunal shall make a reasoned award (the "Award"). Any Award made in any arbitration held pursuant to this Article 26 shall be final and binding on the Parties as from the date it is made, and the Contractor and the Authority agree and undertake to carry out such Award without delay.

(iv) The Contractor and the Authority agree that an Award may be enforced against the Contractor and/or the Authority, as the case may be, and their respective assets wherever situated.

(v) This Agreement and the rights and obligations of the Parties shall remain in full force and effect, pending the Award in any arbitration proceedings hereunder. Further, the parties unconditionally acknowledge and agree that notwithstanding any dispute between them, each Party shall proceed with the performance of its respective obligations, pending resolution of Dispute in accordance with this Article.

(vi) In the event the Party against whom the Award has been granted challenges the Award for any reason in a court of law, it shall make an interim payment to the other Party for an amount equal to 75% (seventy five per cent) of the Award, pending final settlement of the Dispute. The aforesaid amount shall be paid forthwith upon furnishing an irrevocable Bank Guarantee for a sum equal to 120 % (one hundred and twenty per cent) of the aforesaid amount. Upon final settlement of the Dispute, the aforesaid interim payment shall be adjusted and any balance amount due to be paid or returned, as the case may be, shall be paid or returned with interest calculated at the rate of 10% (ten per cent) per annum from the date of interim payment to the date of final settlement of such balance.”

3. The material on record indicates that the Petitioner herein invoked arbitration in terms of Section 21 of the Act vide legal notice dated 17.12.2025.

4. Vide Order dated 27.01.2026, this Court had recorded that in the event, the process of conciliation was not concluded within a period of three (03) weeks, the Court may proceed with the appointment of an Arbitrator when the matter was next taken up on the next date. The relevant portion of the said Order reads as under:

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5. The material on record indicated that the Notice under Section 21 of the Act is dated 17.12.2025.

6. Learned counsel appearing for the Respondent, enters appearance on advance notice, and submits that although conciliation has failed, Article 26. 2 of the Agreement also provides for exploration of conciliation between the parties by a Conciliation Committee of Independent experts.

7. She submits that despite a request having been made as early as 17.11.2025, the said process could not be carried out.

8. Learned counsel further submits that the Respondent will ensure that the sa