M/S Garuda Maverick Infrastructure Projects Private Limited & ANR. v. M/S Samman Capital Ltd & ANR.

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 70/2025 M/S GARUDA MAVERICK INFRASTRUCTURE PROJECTS PRIVATE LIMITED & ANR.

.....Petitioners Through:

Mr. Amulya Dhingra and Mr. Chetan Rathore Advs.

versus M/S SAMMAN CAPITAL LTD & ANR.

.....Respondents Through:

Mr Rajiv Nayar, Sr. Adv. with Ms Meghna Mishra, Mr Ankit Rajgarhia , Mr Tarun Sharma, Mr Naman Gowda and Mr Siddhant Ahirwal, Advs. for R-1 Mr. Rishi Agrawala, Mr. Daksh Arora and Mr. Rajat Sinha, Advs. for R-2

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 03.11.2025 1.

This is an application under Section 15 of the Arbitration & Conciliation Act, 1996 for appointment of a substitute Arbitrator to adjudicate the disputes which have arisen between the parties under the Loan Agreements dated 19.01.2018 and 05.07.2022. 2.

It is stated that this Court vide Order dated 10.03.2025 passed in ARB.P. No.1770/2024 appointed Justice Deepak Verma, former Judge of the Supreme Court of India as the Sole Arbitrator to adjudicate the disputes between the parties.

3.

It is stated that the in view of the objections raised by the Petitioner in view of the disclosure made by the learned Sole Arbitrator disclosing his past involvement in arbitration proceedings, the learned Sole Arbitrator O.M.P. (T) (COMM.) 70/2025 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 07/11/2025 at 12:10:28

recused himself from the arbitration proceedings. 4.

It is stated that since the learned Sole Arbitration appointed by this Court vide Order dated 10.03.2025 passed in ARB.P. No.1770/2024 has recused himself from the matter, the Petitioner has approached this Court for appointment of a substitute Arbitrator.

5.

During the course of hearing, respective Counsel for the parties jointly request that an independent Sole Arbitrator be appointed to adjudicate the disputes between the parties.

6.

Accordingly, Justice A. K. Sikri, former Judge of the Supreme Court of India (Mob: 9818000300) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties.

7.

The Ld. Arbitrator would be entitled to fix his own remuneration. 8.

The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the Arbitration & Conciliation Act, 1996 within two weeks of entering into reference.

9.

All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law.

10.

Needless to say, nothing in this order shall be construed as an expression of this Court on the merits of the contentions of the parties. 11.

The petition is disposed of along with pending application(s), if any. SUBRAMONIUM PRASAD, J NOVEMBER 3, 2025 hsk O.M.P. (T) (COMM.) 70/2025 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 07/11/2025 at 12:10:28