$~3 & 4

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO(OS) (COMM) Nos. 31/2017 and 36/2017
HINDUSTAN CONSTRUCTION COMPANY LTD ..... Appellant
Through Mr. Dayan Drishnan, Sr. Adv with
Mr. Rishi Agarwala, Adv

versus

NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Respondent

Through Ms. Gunjan Sinha Jain &
Ms. Soumya Priyadarshina, Advs

NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Appellant

Through Ms. Gunjan Sinha Jain &
Ms. Soumya Priyadarshina, Advs

versus

HINDUSTAN CONSTRUCTION COMPANY LTD ..... Respondent

Through Mr. Dayan Drishnan, Sr. Adv with
Mr. Rishi Agarwala, Adv

CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE CHANDER SHEKHAR
ORDER
% 09.05.2018
Learned counsel for the National Highway Authority of India
states that in other Award, which is co-authored by one of the
Arbitrators in the present case, clause 52.2 has been interpreted
differently and in favour of the National Highway Authority of India.
2. Learned counsel for the Hindustan Construction Company
Limited submits that the said Award, was not a part of the arbitration
record before the learned Single Judge and the National Highway
Authority of India must file an application for bringing this Award on
record.
3. Hindustan Construction Company Limited would like to file a
reply to the application as they were a party to the said award.
4. The National Highway Authority of India may file an
application placing on record additional documents in the present
appeal, to which the Hindustan Construction Company Limited would
respond.
5. It is pointed out that 75% payment in terms of the award as
upheld by the learned single Judge has been released to the Hindustan
Construction Company Limited. National Highway Authority of
India as required has deposited the balance 25% in the Court. It is
stated that this amount is likely to be released to Hindustan
Construction Company Limited.
6. Learned counsel for the Hindustan Construction Company
Limited states that they would furnish bank guarantee for release of
25% of the amount.
7. Clause 52.2 has been interpreted by learned single Judge and in
the impugned arbitration award. We accept the prayer made by
counsel for National Highway Authority of India and the Hindustan
Construction Company Limited. It is directed that balance amount of
25% would be released to Hindustan Construction Company Limited,
subject to their furnishing the bank guarantee to the satisfaction of the
Registrar concerned of this Court.
Relist on 14th August, 2018.

SANJIV KHANNA, J.

CHANDER SHEKHAR, J.
MAY 09, 2018/sm