Nkg Infrastructure Limited v. Union Of India & ANR.

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 669/2026 & I.A. 10294/2026 NKG INFRASTRUCTURE LIMITED .....Petitioner Through:

Mr. Pradeep Chhindra, Ms. Pratibha Rathi & Mr. Parth Dhawan, Advs.

versus UNION OF INDIA & ANR.

.....Respondents Through:

Mr. Bhagvan Sawrup Shukla, CGSC with Mr. Sarvan Kumar, Mr. Mukesh Kumar & Mr. Dashmesh Tripathi, Advs.

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN

O R D E R

% 15.05.2026 1.

As per the office report, reply filed by the respondent is lying under objection.

2.

With the consent of learned counsel for the parties, the objection to taking the reply on record is waived and is taken on record. 3.

The present petition is filed under Sections 11 and 15 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') for appointment of an arbitrator.

4.

The Petitioner, NKG Infrastructure Limited and Respondent No. 1, Union of India through Director General, Married Accommodation Project, entered into a contract C.A. No. DGMAP/PHASE-II/JAL&ADM(AF)/PKG6 (I) of 2010 - 2011 for construction works relating to the Married Accommodation Project. Disputes arose between the parties to the lis during The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2026 at 15:03:05

execution of the contract. The petitioner on 26.12.2023, issued a notice under Section 21 of the Act invoking arbitration under Clause 60 of the General Conditions of Contract (for short 'GCC'). 5.

The application filed under Section 11(6) of the Act was disposed of vide order dated 02.12.2025. The arbitrator during the proceedings recused from the arbitral proceedings. Hence, the present petition. 6.

Learned counsel for the respondent on instruction has no objection for substitution of the arbitrator.

7.

The petition is allowed.

8.

Justice Mr. A. K. Sikri (Retd.) (Mobile No.9818000300) is appointed as the sole arbitrator and shall substitute the earlier arbitrator. 9.

Arbitral proceedings will be held under the aegis of Delhi International Arbitration Centre (DIAC). Fee of the Arbitrator shall be fixed as per fee schedule.

10.

Before entering upon reference, the learned Arbitrator will comply with Section 12 of the Act.

11.

It is made clear that since this Court has not expressed any opinion on the merits of the rival claims of the parties and it will be open for the parties to file their respective claims/counter claims before the learned Arbitrator which will be considered in accordance with law. 12.

A copy of this order be forwarded to the learned Arbitrator for information.

AVNEESH JHINGAN, J MAY 15, 2026 Ch The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2026 at 15:03:05