High Court of DelhiARB.P./838/2025

M/S. Orissa Concrete And Allied Industries Ltd. v. Union Of India Through Executive Director Track(Mod), & ORS.

2025-08-20Hon'Ble Mr. Justice Jasmeet Singh5 pages

$~11 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 838/2025 M/S. ORISSA CONCRETE AND ALLIED INDUSTRIES LTD. .....Petitioner Through:

Mr. Raman Kapur, Sr. Adv with Mr Mr. Dhiraj Sachdeva, Adv.

versus UNION OF INDIA THROUGH EXECUTIVE DIRECTOR TRACK(MOD), & ORS.

.....Respondents Through:

Mr. Shashank Bajpai (CGSC), Mr.

Vatsal Tripathi (Adv)

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 20.08.2025 1.

This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator for adjudication of disputes between the parties. 2.

The brief facts of the case are that the respondents invited tenders for manufacture and supply of Pre-stressed Mono-block Concrete Line Sleepers (pre-tensioned type) for Broad Gauge against Tender No. CS166 of 2013. The petitioner was declared the successful bidder and an Agreement dated 19.12.2013 was executed between the parties. 1.

The Agreement contained the arbitration clause being clause 2900 which reads as under:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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

Since there were disputes between the parties, a Sole Arbitrator was appointed to adjudicate the disputes. However the Award was set aside by the Hon'ble High Court of Chhattisgarh, Bilaspur vide order dated 04.10.2023 and the same was upheld by the Hon'ble Supreme Court. 3.

Thereafter, the petitioner sent letter dated 19.06.2024 invoking the Arbitration clause requesting the respondents to appoint an independent Arbitrator for adjudicating the disputes between the parties. However, respondents declined the request of the petitioner vide letter dated 16.10.2024 stating therein that after the orders passed by Hon'ble Supreme Court and High Court, no further Arbitration is required in this case.

Vide order dated 29.05.2025, notice was issued to the respondents and despite opportunity, no reply has been filed. 5.

The arbitration clause is not in dispute.

To my mind, there are disputes between the parties, which need to be settled through arbitral mechanism.

For the said reasons, the petition is allowed and the following directions are issued:- i) Ms. Justice Gita Mittal (Retd. Chief Justice of High Court of Jammu & Kashmir and Ladakh) (Mob. No. 9818000220) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

ii) 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').

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

iii) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators' Fees) Rules, 2018.

iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference.

v) 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 learned arbitrator.

vi) The parties shall approach the learned Arbitrator within two weeks from today.

The present petition is disposed of in the aforesaid terms. JASMEET SINGH, J AUGUST 20, 2025 / (MS) The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.