High Court partially cancels KEPL arbitration award against NHAI
High Court partially cancels KEPL arbitration award against NHAI, upholding most claims but setting aside Termination Payment. Kalpataru JV plans to appeal the decision.

*this image is generated using AI for illustrative purposes only.
The High Court has partially set aside an arbitration award received by Kurukshetra Expressway Private Limited (KEPL), a joint venture of Kalpataru Projects International , against the National Highways Authority of India (NHAI). In its order dated July 28, 2026, the court upheld awards on all claims except for the Termination Payment and interest thereon, which were set aside. This development impacts the final settlement amount KEPL can claim from NHAI, though the majority of the awarded payments remain intact. The dispute stems from the termination of the Rohtak-Bawal section of NH-71 project in 2021 due to force majeure events caused by farmer agitations.
Kalpataru Projects International Limited disclosed the development on July 29, 2026, pursuant to Regulation 30 of the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015. The company stated that it received the High Court's order on July 28, 2026, at approximately 3:22 p.m. KEPL, in which Kalpataru holds a 49.57% equity stake, had originally received two arbitration awards in its favor from NHAI on August 16, 2024. These awards included various payments and a Termination Payment related to the road project terminated by KEPL in 2021.
Background of the Dispute
The dispute originated when KEPL issued a Notice of Termination to NHAI on October 7, 2021, citing the forcible suspension of toll collection due to farmer protests as a Force Majeure event under the Concession Agreement dated July 13, 2010. The agreement was for the four-laning of the Rohtak-Bawal Section of NH-71 in Haryana on a Design, Build, Finance, Operate and Transfer (DBFOT) basis. Following the termination, KEPL's account was treated as a Non-Performing Asset (NPA) after it failed to pay interest to its lenders in October 2021, having previously honored payments until the 89th day.
NHAI had challenged the original arbitration awards by filing an application under Section 34 of the Arbitration and Conciliation Act, 1996, serving advance copies to KEPL in December 2024. The current High Court order represents the latest procedural step in this legal battle. By setting aside only the Termination Payment and interest, the court has left all other financial claims awarded to KEPL undisturbed.
Key Details at a Glance
The following table summarizes the key milestones and parameters of the KEPL-NHAI dispute:
| Parameter: | Details |
|---|---|
| Joint Venture (KEPL): | Kurukshetra Expressway Private Limited |
| Kalpataru's Equity Stake: | 49.57% |
| Concession Agreement Date: | July 13, 2010 |
| Project: | Four-laning of Rohtak-Bawal Section, NH-71, Haryana (DBFOT basis) |
| Notice of Termination: | October 7, 2021 |
| Reason for Termination: | Force Majeure — farmer agitation-led toll suspension |
| Original Arbitration Awards: | August 16, 2024 |
| NHAI's Section 34 Challenge: | December 2024 (advance copies served) |
| High Court Order Date: | July 28, 2026 |
| Claims Upheld: | All claims except Termination Payment and interest |
| Claims Set Aside: | Termination Payment and interest thereon |
| Disclosure Date: | July 29, 2026 |
Legal Strategy and Next Steps
Based on legal advice, KEPL believes it has a strong case to challenge the portion of the award set aside by the High Court. The joint venture is taking appropriate legal steps, including preferring an appeal against the decision regarding the Termination Payment. The financial impact on Kalpataru Projects International Limited will depend on the outcome of this appeal and the eventual crystallization of the awarded claims to KEPL.
The partial setting aside of the Termination Payment highlights the lingering financial uncertainty surrounding the KEPL-NHAI dispute. While the upholding of all other claims suggests that significant portions of the debt due and adjusted equity may still be recoverable, the removal of the Termination Payment and interest reduces the immediate potential recovery value. The timeline indicates a prolonged resolution process, spanning from the initial termination notice in October 2021 to the High Court order in July 2026.
Historical Stock Returns for Kalpataru Projects International
| 1 Day | 5 Days | 1 Month | 6 Months | 1 Year | 5 Years |
|---|---|---|---|---|---|
| -0.32% | -1.41% | +6.50% | +14.85% | +7.47% | +259.30% |
How might the High Court's decision to set aside the Termination Payment impact Kalpataru Projects' near-term debt servicing capabilities and credit rating outlook?
What are the estimated financial implications for KEPL and its lenders if the appeal regarding the Termination Payment is unsuccessful?
Could this legal precedent influence how NHAI handles future force majeure claims related to farmer agitations in other DBFOT highway projects?
























