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High Court of DelhiARB.P./548/2023

Technical Construction Company v. Indian Oil Corporation Limited

2025-08-25Hon'Ble Ms. Justice Jyoti Singh3 pages

$~1 to 3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 548/2023 TECHNICAL CONSTRUCTION COMPANY .....Petitioner Through:

Mr. Udit Gupta and Ms. Nishtha Goel, Advocates.

versus INDIAN OIL CORPORATION LIMITED .....Respondent Through:

Mr. Abhishek Birthray and Mr. Nikhil Sharma, Advocates.

+ ARB.P. 549/2023 TECHNICAL CONSTRUCTION COMPANY .....Petitioner Through:

Mr. Udit Gupta and Ms. Nishtha Goel, Advocates.

versus INDIAN OIL CORPORATION LIMITED .....Respondent Through:

Mr. Abhishek Birthray and Mr. Nikhil Sharma, Advocates.

+ ARB.P. 550/2023 TECHNICAL CONSTRUCTION COMPANY .....Petitioner Through:

Mr. Udit Gupta and Ms. Nishtha Goel, Advocates.

versus INDIAN OIL CORPORATION LIMITED .....Respondent Through:

Mr. Abhishek Birthray and Mr. Nikhil Sharma, Advocates.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 25.08.2025 1.

These petitions are filed on behalf of the Petitioner under Section The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11(6) of Arbitration and Conciliation Act, 1996 ('1996 Act') seeking appointment of a Sole Arbitrator to adjudicate the disputes between the parties.

2.

Disputes between the parties emanate from three separate Work Orders dated 13.09.2016, 19.01.2017 and 31.08.2017 relating to dismantling of LPG Bottling Shed Residue Upgradation and Quality Improvement Project at Mathura Refinery; dismantling of Parade Ground, Bunker, SubOfficer Residence, Mess, Sub-Station 18, Community Hall and unused CISF Quarters and area clearing/grading under Residue Upgradation Project at Mathura Refinery; and for construction of Blast Resistant Process Control Room Building with Operation Cabins and Allied Works at Mathura Refinery. Petitioner invoked Arbitration Clause 9.0.0.0 of General Conditions of Contract (GCC) by sending invocation notices dated 26.01.2023, respectively, however, Respondent failed to consent to the appointment of Arbitrator.

3.

At the outset, learned counsels for the parties jointly submit that in a communication dated 29.07.2025, exchanged between the parties, they have agreed to appointment of Mr. Justice Virender Singh, former Chief Justice of Jharkhand High Court as the sole Arbitrator. Copy of communication dated 29.07.2025 is taken on record.

4.

Accordingly, with the consent of the parties, Mr. Justice Virender Singh, former Chief Justice of Jharkhand High Court (Mobile No. 9431115601) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties. Fee of the Arbitrator shall be fixed as per Fourth Schedule of 1996 Act, as agreed between the parties. These will be considered as three separate references.

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

5.

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

6.

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.

7.

Petitions are disposed of in the aforesaid terms. JYOTI SINGH, J AUGUST 25, 2025 S.Sharma/shivam The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.