National Highway Authority Of India vs. Tantia Raxaul Tollways Private Limited

Court:Supreme Court of India
Judge:Hon'ble Abhay S. Oka, Ujjal Bhuyan
Case Status:Disposed
Order Date:9 May 2025
CNR:SCIN010241162023

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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S).13939/2024

NATIONAL HIGHWAY AUTHORITY OF INDIA APPELLANT(S)

VERSUS

M/S TANTIA RAXAUAL TOLLWAYS PVT. LTD. RESPONDENT(S)

O R D E R

The learned counsel appearing for the parties agree that the impugned judgment and order in this Appeal should be set aside by reconstituting the Arbitral Tribunal. Accordingly, IA No.64140/2025 has been filed placing on record the names of the Arbitrators appointed by the respective parties. Hence, the impugned judgment and order is set aside. The existing Arbitral Tribunal is reconstituted which shall consist of Hon'ble Shri Justice Uday Umesh Lalit, former Chief Justice of India, who is the nominee of the appellant and Hon'ble Shri Justice Hemant Gupta, a former Judge of this Court, who is the nominee of the respondent. The presiding Arbitator shall be appointed by the Arbitrators nominated as above.

We may record that the learned counsel for the parties stated that the averment in paragraph 13 of IA No.64140/2025 has been made with the consent of the nominated Arbitrators.

The arbitral proceedings shall be continued by the newly constituted Arbitral Tribunal from the stage at which it is pending today.

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With the above directions, the Appeal is disposed of.

..........................J. (ABHAY S. OKA)

..........................J. (UJJAL BHUYAN)

NEW DELHI; MAY 09, 2025. S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

CIVIL APPEAL NO(S).13939/2024

NATIONAL HIGHWAY AUTHORITY OF INDIA APPELLANT(S)

VERSUS

M/S TANTIA RAXAUAL TOLLWAYS PVT. LTD. RESPONDENT(S) [ONLY I.A. NO. 64140/2025 IS LISTED UNDER THIS ITEM] (IA No. 64140/2025 - APPLICATION FOR PERMISSION)

Date : 09-05-2025 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN

For Appellant(s): Mr. Santosh Kumar-I, AOR

For Respondent(s): Mr. Pai Amit, AOR Mr. Abhinav Raghuvanshi, Adv.

Ms. Apara Mahashi, Adv.

Mr. Tathagata Dutta, Adv.

Ms. Bhavana Duhoon, AOR

UPON hearing the counsel the Court made the following O R D E R

The Appeal is disposed of in terms of the signed order.

Pending application stands disposed of accordingly.

(ASHISH KONDLE) (AVGV RAMU) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

[THE SIGNED ORDER IS PLACED ON THE FILE]

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Order(11) - 30 Jan 2025

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Order(5) - 9 Feb 2024

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Order(1) - 21 Jul 2023

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