2025 INSC 283

SUPREME COURT OF INDIA

(HON’BLE SANJIV KHANNA, CJI. AND HON’BLE SANJAY KUMAR, JJ.)

NATIONAL HIGHWAYS AUTHORITY OF INDIA

Petitioner

VERSUS

M/S IRB AHMEDABAD VADODARA SUPER

Respondent

Civil Appeal No. OF 2025 (arising out of SLP(C) No. 25334/2024)-Decided on 24-02-2025

Arbitration

(A) Arbitration and Conciliation Act, 1996, Section 9 and 36 – Civil Procedure Code, 1908, Order 38 Rule 5 – Arbitration - Enforcement of award - Interim measure - First issue decided by impugned judgment pertains to the applicability of Order 38 Rule 5 CPC – Held that on the said issue/aspect, do not find any good ground and reason to interfere with the impugned judgment - However, clarify that, in case there is any change in the facts and circumstances, it would be open to the appellant to move a fresh application and satisfy the Court that the conditions mentioned in Order 38 Rule 5 CPC are fulfilled - Further clarify that the decision on the first issue/aspect shall not have any bearing on the execution proceedings, stated to have been filed by the appellant, NHAI.

(Para 2 and 3)

(B) Arbitration and Conciliation Act, 1996, Section 9 and 36 – Civil Procedure Code, 1908, Order 38 Rule 5 – Arbitration award - Interim measure – Enforcement of award - Held that second and the third issues/aspects decided in the impugned judgment, from paragraphs 28.1.7 to 28.1.9 and 28.2.1 to 28.3 respectively, will be treated as erased and the directions/ observations made there are set aside - This is being done in view of the statement made by the learned Senior Advocate appearing for the respondent - Clarified that the direction to erase the aforesaid paragraphs or the observations and findings recorded therein shall not be treated as an expression of opinion by this Court on the merit of the rival pleas and contentions of the parties, which may be raised before the appropriate forum.

(Para 4 and 5)

ORDER

1. Leave granted.

2. Three issues stood decided by the impugned judgment dated 18.10.2024. The first issue pertains to the applicability of Order XXXVIII Rule 5 of the Code of Civil Procedure, 1908[For short, “CPC.”] , in the facts and circumstances of the present case. On the said issue/aspect, we do not find any good ground and reason to interfere with the impugned judgment. However, we clarify that, in case there is any change in the facts and circumstances, it would be open to the appellant, National Highways Authority of India[For short, “NHAI.”], to move a fresh application and satisfy the Court that the conditions mentioned in Order XXXVIII Rule 5 CPC are fulfilled.

3. We further clarify that the decision on the first issue/aspect shall not have any bearing on the execution proceedings, stated to have been filed by the appellant, NHAI.

4. The second and the third issues/aspects decided in the impugned judgment, from paragraphs 28.1.7 to 28.1.9 and 28.2.1 to 28.3 respectively, will be treated as erased and the directions/ observations made there are set aside. This is being done in view of the statement made by the learned Senior Advocate appearing for the respondent, M/s. IRB Ahmedabad Vadodara Super Express Tollways Pvt. Ltd. We must record that a similar statement is also made by the learned Senior Advocate appearing for IRB Infrastructure Developers Limited.

5. It is clarified that the direction to erase the aforesaid paragraphs or the observations and findings recorded therein shall not be treated as an expression of opinion by this Court on the merit of the rival pleas and contentions of the parties, which may be raised before the appropriate forum.

6. Recording the aforesaid, the appeal is disposed of.

7. Pending application(s), if any, shall stand disposed of.

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