Under a Concession Agreement dated 4 February 2022 for a section of the Bangalore-Chennai Expressway, a Division Bench had on 20 August 2026 partly allowed D.P. Jain's appeal, declaring the project eligible for free fly ash with transportation and referring its monetary claim — including Rs. 180.16 crore — to the Dispute Resolution Board or Arbitral Tribunal for quantification.
After NHAI declined to implement that ruling and terminated the Concession Agreement on 1 September 2026, Justice Sachin Datta of the Delhi High Court, on 10 September 2026, constituted a three-member Arbitral Tribunal after both parties agreed to depart from the SAROD arbitration procedure that their agreement had prescribed, allowing the dispute to move forward without further delay over the appointment mechanism.
Concessionaires facing an authority's non-implementation of a favourable court ruling, followed by termination of the concession, can secure a substitute tribunal by consent even where the underlying contract mandates a specific institutional arbitration mechanism like SAROD.