M/S Synergy Rail Engineering Pvt. Ltd. v. Rail Vikas Nigam Ltd.

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 993/2025 & I.A. 21361/2025 M/S SYNERGY RAIL ENGINEERING PVT. LTD. .....Petitioner Through:

Ms. Devna Soni, Ms. Simran Bajaj and Ms. Shrestha Rao, Advocates.

versus RAIL VIKAS NIGAM LTD.

.....Respondent Through:

Mr. Udit Seth and Mr. Divyanshu, Advocates.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 09.09.2025 1.

This petition is filed on behalf of the Petitioner under Section 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 have arisen between the parties herein in respect of a Contract awarded by the Respondent on 22.10.2020 for the work of 'FBW of 60 kg, 52 kg rails as per RDSO Manuals for Salpura-Ruthiyai, Guna-PIGT and Ashok Nagar-Bina Section in connection with Kota-Bina doubling Project'. Petitioner invoked Pre-arbitration Dispute Resolution mechanism as per Clause 20.2 of Section 6 of GCC. Competent Authority constituted the Amicable Settlement Committee, however, the amounts recommended by the Committee on 08.10.2024, according to the Petitioner, were inadequate and hence Petitioner invoked Clause 20.3 of GCC and issued ARB.P. 993/2025 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 20/09/2025 at 12:24:39

notice invoking arbitration on 24.03.2025. Respondent, however, failed to consent to the Arbitrator and this petition was filed. 3.

Learned counsel for the Respondent, on instructions, submits that Respondent has no objection to the appointment of the Sole Arbitrator by this Court since existence of the arbitration agreement is not in dispute albeit learned counsel disputes claims of the Petitioner on merits. 4.

Accordingly, with the consent of the parties, Ms. Reena Singh Nath, former Additional District Judge (Mobile No. 9910384697) is appointed as 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 by the parties.

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.

Petition along with pending application is disposed of in the aforesaid terms.

JYOTI SINGH, J SEPTEMBER 9, 2025 S.Sharma ARB.P. 993/2025 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 20/09/2025 at 12:24:39