Authority: Supreme Court of India

Order Date: 18 August 2026

Case Overview

  • Parties: National Highways Authority of India (appellant) vs. Barasat Krishnag Expressway Ltd. (respondent).
  • Origin: Dispute arises from a Concession Agreement dated 20 June 2011 under which NHAI awarded a BOT contract to the respondent for augmentation of NH‑34 in West Bengal.
  • Termination: NHAI terminated the agreement on 31 December 2015, invoking clause 44.3, leading to arbitration.
  • Arbitration Timeline:
  • Arbitral Tribunal of three members constituted on 2 June 2016.
  • Arguments concluded on 25 September 2021; the award was reserved on the same date.
  • On 21 November 2022, the presiding arbitrator sought an additional two‑to‑three‑month extension to pronounce the award.
  • The respondent approached the Delhi High Court, which on 18 January 2023 extended the tribunal’s tenure by two months.
  • Subsequent Event: The presiding arbitrator passed away while the arbitration was still pending.
  • Appeal: NHAI filed Civil Appeal No. ___ of 2026 (arising out of SLP(C) No.2139/2023) challenging the High Court’s extension order.
  • Hearing: The matter was heard on 18 August 2026 before a bench comprising CJI Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana. Counsel for NHAI included Solicitor General Mr. Tushar Mehta and others; counsel for the respondent included Mr. Amitabh Chaturvedi and others.

Final Outcome

  • The Court granted leave to appeal and disposed of the appeal by appointing Hon'ble Mr. Justice Amitava Roy, former Judge of this Court, as the sole Arbitrator.
  • The sole arbitrator is directed to commence proceedings from the stage of hearing arguments and thereafter pass the award in accordance with law.
  • The Court clarified that it has not taken notice of any subsequent events or contentions; all such matters remain open before the appointed sole arbitrator.
  • The appeal is disposed of, and all pending applications (IA No. 19101/2023, IA No. 19100/2023, IA No. 285803/2024) are also disposed of.

Topics: Arbitration, Infrastructure Contract Dispute