T.C. Construction v. Delhi Development Authority

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 977/2025 & I.A. 16550/2025, I.A. 16551/2025 T.C. CONSTRUCTION .....Petitioner Through:

Ms. Stuti Jain & Mr. Akshu Jain, Advs.

versus DELHI DEVELOPMENT AUTHORITY .....Respondent Through:

Mr. Sanjay Vashishtha, Mr.

Siddhartha Goswami, Ms. Geetanjali Reddy, Advs.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 15.10.2025 1.

This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator for the adjudication of disputes between the parties. 2.

The facts are that the respondent awarded the work of Development of Service Centre at Sector 9, Dwarka Phase-1; SH: Providing and Laying Internal Water Supply Line in the Service Centre to the petitioner vide Award Letter dated 15.11.2014. Subsequently, an Agreement bearing No. 31/EE/WD-10/DDA/2014-15 was executed between the parties. 3.

The said Agreement contained an arbitration clause being Clause No. 25, which is extracted below:- 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.

4.

Since disputes arose between the parties, the petitioner invoked arbitration. The Engineer Member, DDA appointed the Sole Arbitrator, who made and published the Arbitral Award dated 21.05.2018. 5.

The said Award was set aside by District Judge (Commercial Court06), South-East, Saket Courts, Delhi vide judgment/ order dated 07.12.2023, wherein it was held that the said Award is in contravention to the provisions of Section 12(5) Arbitration and Conciliation Act, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

1996.

6.

Hence, the present petition has been filed by the petitioner. 7.

Mr. Vashishtha, learned counsel appears for the respondent and states that he has no objection to the present petition being allowed. 8.

I am satisfied that there exists a valid arbitration clause and there are dispute between the parties which need to be adjudicated through the arbitral mechanism.

9.

For the said reasons, the petition is allowed and the following directions are issued:- i) Ms. Mehak Nakra (Adv) (Mob No. 9871144582) 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').

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 1996 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/counterclaims and merits of the dispute of either of the parties, are The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

left open for adjudication by the learned Arbitrator. vi) The parties shall approach the learned Arbitrator within two weeks from today.

10.

Accordingly, the present petition is disposed of with pending applications.

JASMEET SINGH, J OCTOBER 15, 2025 / (MS) The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.