REPORTABLE

2025 INSC 113 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2058 OF 2012 SOMDATT BUILDERS –NCC – NEC(JV) APPELLANT(S)

VERSUS NATIONAL HIGHWAYS AUTHORITY OF INDIA & ORS. RESPONDENT(S)

J U D G M E N T

UJJAL BHUYAN, J.

Heard learned counsel for the parties.

2. This civil appeal by special leave is directed against the judgment and order dated 17.11.2009 passed by the High Court of Delhi at New Delhi (‘High Court’) in FAO(OS) No. 427 of 2007 [National Highways Authority of India Vs. Som Datt Builders-NCC-

NEC(JV)].

2.1. By the aforesaid judgment, the High Court allowed the Signature Not Verified appeal of the respondent-National Highways Authority of India Digitally signed by KAVITA PAHUJA Date: 2025.01.27 Reason:

(‘respondent’ or ‘NHAI’ hereinafter) under Section 37 of the Arbitration and Conciliation Act, 1996 (briefly ‘the 1996 Act’ hereinafter). It may be mentioned that respondent had challenged, by way of the aforesaid appeal, the judgment and order of the learned Single Judge in OMP No. 316/2005 dated 29.08.2007 whereby the learned Single Judge dismissed the application filed by NHAI under Section 34 of the 1996 Act for setting aside the award dat