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ARB.P./1320/2025 of M/S GIRDHARI LAL CONSTRUCTIONS PVT. LTD. Vs UNION OF INDIA & ANR.

Court
Delhi High Court
Decision date
2025-08-27

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IN THE HIGH COURT OF DELHI AT NEW DELHI+ ARB.P. 1320/2025 M/S GIRDHARI LAL CONSTRUCTIONS PVT. M/S GIRDHARI LAL CONSTRUCTIONS PVT.

LTD. .....Petitioner Through: Ms. Risha Mittal, Ms. Simran Mehrotra, Mr. Md. Adil Alam and Mr. Ishaan Singh, Advocates. Through: Ms. Risha Mittal, Ms. Simran Mehrotra, Mr. Md. Adil Alam and Mr. Ishaan Singh, Advocates.

versus

UNION OF INDIA & ANR. .....Respondents Through: Mr. Vikram Jetly, CGSC with Ms. Shreya Jetly, Advocate with Mr. Rishav Dubey, GP. Through: Mr. Vikram Jetly, CGSC with Ms. Shreya Jetly, Advocate with Mr. Rishav Dubey, GP.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R R% 27.08.2025

I.A. 20944/2025

1.Allowed, subject to all just exceptions.

2.Application stands disposed of.

ARB.P. 1320/2025

3.This petition is filed on behalf of the Petitioner under Section 11(4) and 11(6) of the Arbitration and Conciliation Act, 1996 (‘1996 Act’) for appointment of Sole Arbitrator.

4.Disputes between the parties in the present petition emanate out of

Tender floated by the Respondents for ‘Provision of Residential Accommodation at Mayur Vihar (Chilla Gaon) (350 Flats) and Ghitorni (Aya Nagar) (150 Flats) for Government of India at New Delhi’. According to the Petitioner, there are outstanding dues which till date have not been

ARB.P. 1320/2025

cleared by the Respondents while Respondents claim otherwise. Petitioner sent notice invoking arbitration on 26.05.2025 to the Respondents, however, there was no response to the request for appointment of an Arbitrator and the Respondents raised dispute on the amount claimed by the Petitioner. 5.Issue notice.

6.Mr. Vikram Jetly, learned CGSC accepts notice on behalf of the Respondents and on instructions, submits that since the existence of the arbitration agreement is undisputed, Respondents have no objection to the sole Arbitrator being appointed by this Court.

7.During the course of hearing, learned counsels for the parties, on instructions, propose and agree for appointment of Hon’ble Mr. Justice J.R. Midha, former Judge of this Court, as sole Arbitrator.

8.Accordingly, Mr. Justice J.R. Midha, former Judge of this Court, (Mobile No.[REDACTED]) is appointed as Sole Arbitrator to adjudicate the disputes between the parties. Fee of the Arbitrator will be fixed in accordance with Fourth Schedule of 1996 Act.

9.Learned Arbitrator shall give disclosure under Section 12 of the 1996 Act before entering upon reference.

10.It is made clear that this Court has not expressed any opinion on the merits of the case and all rights and contentions of the respective parties are left open.

11.Petition is disposed of in the aforesaid terms.

AUGUST 27, 2025 Shivam/Ch

JYOTI SINGH, J

ARB.P. 1320/2025