Authority: Supreme Court of India

Order Date: 24 September 2026

Case Overview

  • Civil Appeal No. 2785/2012 filed by the National Highways Authority of India (appellant) against Hindustan Construction Co. Ltd (respondent).
  • Civil Appeal No. 2788/2012 filed by Hindustan Construction Co. Ltd (appellant) against the National Highways Authority of India (respondent).
  • The appeals arose from an arbitral award; the High Court had exercised jurisdiction under Section 37 of the Arbitration and Conciliation Act to interfere with certain claims allowed by the arbitral tribunal.
  • The Supreme Court examined the findings of the Arbitral Tribunal as affirmed in the Section 34 application before the National Company Law Appellate Tribunal (NCLAT).
  • Counsel for the appellant in Appeal 2785/2012: senior counsel Narender Hooda (NHAI). Counsel for the respondent: senior counsel Sameer Parekh (Hindustan Construction).
  • Counsel for the appellant in Appeal 2788/2012: senior counsel Sameer Parekh (Hindustan Construction). Counsel for the respondent: senior counsel Narender Hooda (NHAI).
  • The Court noted that the NCLAT had not committed any error in law or fact.
  • Although the Court did not fully agree with the High Court’s reasoning under Section 37, it found the High Court’s ultimate conclusions to be correct and based on the record.

Final Outcome

  • Both Civil Appeal No. 2785/2012 and Civil Appeal No. 2788/2012 are dismissed.
  • Any pending interlocutory applications, if any, are disposed of.
  • The order was signed by Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe.

Topics: Arbitration, Court Decision