M.V. Omni Projects (India) Ltd. v. Union Of India Through Dy Chief Engg Northern Railway & ANR.

$~62, 63 & 64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 5/2025 M.V. OMNI PROJECTS (INDIA) LTD.

.....Petitioner Through:

versus UNION OF INDIA THROUGH DY CHIEF ENGG NORTHERN RAILWAY & ANR.

.....Respondent Through:

Mr. Ruchir Mishra, Mr. Sanjiv Kumar Saxena, Mr. Mukesh Kumar Tiwari, Ms. Poonam Shukla, Ms. Reba Jena Mishra, Advs.

+ O.M.P. (T) (COMM.) 6/2025 M.V. OMNI PROJECTS (INDIA) LTD.

.....Petitioner Through:

versus UNION OF INDIA THROUGH DY CHIEF ENGG NORTHERN RAILWAY & ANR.

.....Respondents Through:

Mr. Ruchir Mishra, Mr. Sanjiv Kumar Saxena, Mr. Mukesh Kumar Tiwari, Ms. Poonam Shukla, Ms. Reba Jena Mishra, Advs.

+ O.M.P. (T) (COMM.) 7/2025 M.V. OMNI PROJECTS (INDIA) LTD.

.....Petitioner Through:

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versus UNION OF INDIA THROUGH DY CHIEF ENGG NORTHERN RAILWAY & ANR.

.....Respondents Through:

Mr. Ruchir Mishra, Mr. Sanjiv Kumar Saxena, Mr. Mukesh Kumar Tiwari, Ms. Poonam Shukla, Ms. Reba Jena Mishra, Advs.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 22.05.2025 1.

The matter was listed for counsel for the parties to take instructions after passing of the judgment dated 15.05.2025.

2.

Mr. Mishra, learned counsel, on instructions, states that the respondents would like to go strictly as per the arbitration clause. Hence, an Arbitral Tribunal of three members be appointed by this Court. 3.

Learned counsel for the petitioner states that a Sole Arbitrator be appointed by this Court, however, he has no objection if the Arbitral Tribunal of three members is appointed by this Court. 4.

In view of the above, this Court passes the following directions:- i) Ms. Justice (Retd.) Mukta Gupta, Former Judge, High Court of Delhi (Mob. No. 9650788600) is appointed as a Presiding Arbitrator to adjudicate the disputes between the parties. ii) Mr. S.C. Malik (Retd. Additional District and Sessions Judge, Delhi) (Mob. No. 9910384635) and Ms. Rashmi Chopra, Sr. Adv.

(Mob.

No.

9810311218) are appointed as Co-Arbitrators.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

iii) The arbitration will be held under the aegis and rules of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the 'DIAC'). iv) The remuneration of the learned Arbitrators shall be in terms of DIAC (Administrative Cost and Arbitrators' Fees) Rules, 2018. v) The learned Arbitrators are requested to furnish a declaration in terms of Section 12 of Arbitration and Conciliation Act, 1996 prior to entering into the reference.

vi) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims/counter-claims and merits of the dispute of either of the parties, are left open for adjudication by the Arbitral Tribunal.

vii) The parties shall approach the Arbitral Tribunal within two weeks from today.

5.

The present petitions are disposed of in the aforesaid terms. JASMEET SINGH, J MAY 22, 2025/pk Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.