PANIPAT JALANDHAR NH 1 TOLLWAY PRIVATE LIMITED FORMERLY KNOWN AS M S SOMA ISOLUX NH 1 TOLLWAY PVT LTD Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA

JUDGEMENT

(1.) The present petition under the provisions of Section 11(6) of the Arbitration and Conciliation Act, 1996 has been filed by the petitioner seeking appointment of the respondent 's Arbitrator upon its failure to appoint the same, for adjudication of disputes with regard to Concession Agreement dated 09/05/2008. In addition, prayer is also made to declare that the purported appointment of Justice (Retd.) G.P. Mathur, former Judge, Supreme Court by the respondent is non est and bad in the eyes of law.

(2.) The petitioner- Panipat Jalandhar NH-1 Tollway Private Limited had entered into a Concession Agreement dated 09/05/2008 with respondent - National Highway Authority of India (NHAI) for Six-Laning of Panipat-Jalandhar Section of NH-1 from Km 96.00 to Km 387.10 (length of 291.10 Km) in the State of Haryana and Punjab to be executed on Built-Operate-Transfer (Toll) basis on Design- Build-Finance- Operate (DBFO) pattern under NHDP Phase-V. The duration of the Concession Agreement was 15 years commencing from 11/05/2009 till 11/05/2024.

(3.) According to petitioner, subsequent to entering into the Concession Agreement, petitioner started the work, however, certain disputes arose between the parties and those disputes pertaining to the year 2013 are pending before an independent arbitral tribunal.