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M/S Varaha Infra Limited vs. National Highways Authority of India

Original Miscellaneous Petition (Interim) (Commercial) · CNR No. DLHC010365952026Decided 14 Oct 2026New Delhi Bench
O.M.P.(I) (COMM.) 325/2026CNR: DLHC010365952026
Justice Om Prakash Shukla

Background

Varaha Infra had earlier obtained interim protection from the Delhi High Court (11 August 2026) in a dispute with NHAI, and had invoked arbitration and begun appointing an arbitrator, but had not yet formally commenced arbitral proceedings.

Decision Breakdown

The Court disposed of the petition, giving Varaha Infra 45 days to commence arbitration. The existing interim protection continues only until the arbitral tribunal is constituted and a Section 17 application is considered, and only if the petitioner acts within the 45-day window; otherwise the protection lapses automatically. The Court expressed no view on the merits of the underlying dispute.

Lesson Learnt

Interim court protection granted before arbitration begins is conditional and time-limited: a party must actually get the arbitration moving within the deadline set, or the protection disappears on its own.

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