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High Court of DelhiARB.P./1199/2025

M/S Space 4 Business Solution Pvt. v. Govt Of NCT Of Delhi & ANR.

2025-10-29Hon'Ble Mr. Justice Subramonium Prasad2 pages

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1199/2025 & I.A. 19449/2025 M/S SPACE 4 BUSINESS SOLUTION PVT.

.....Petitioner Through:

Appearance not given versus GOVT OF NCT OF DELHI & ANR.

.....Respondents Through:

Adv. Anubhav Gupta, Panel Counsel (Civil), GNCTD

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 29.10.2025 1.

This petition is filed by the Petitioner under Section 11(6) of Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator to adjudicate the disputes between the parties in terms of the work order dated 24.10.2022.

2.

It is stated that the Petitioner herein placed a bid for providing tentage, electric and allied works/services for chhatt puja festival in various districts of Delhi. It is stated that after completion of work, the bills amounting to Rs.2,95,79,917/- were presented in November, 2022 but the same have not been paid by the Respondent. It is stated a Notice under Section 21 of the Arbitration and Conciliation Act, 1996 was sent by the Petitioner to the Respondent on 22.01.2025 invoking arbitration. It is stated that since there was no response from the Petitioner, the Respondent has filed the present Petition. Notice in the present Petition was issued on 26.08.2025.

3.

Learned Counsel appearing for the Respondent has raised a contention that the dispute resolution clause contemplates that the disputes 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 01/11/2025 at 11:11:28

have to be first referred to the Co-ordination Committee and only if the disputes remain unresolved, the Arbitration proceedings can commence. He states that since the Petitioner has not made any request for the disputes to be referred to the Co-ordination Committee, the present Petition is premature. 4.

Confronted with this, learned Counsel for the Petitioner seeks permission to withdraw the present Petition with liberty to approach the Respondents to constitute a Co-ordination Committee to resolve the disputes between the parties.

5.

Leave and liberty, as prayed for, is granted. 6.

It is stated by the learned Counsel for the Petitioner that he would approach the Respondent for constitution of the Co-ordination Committee within three days from today.

7.

The Respondent is directed to constitute the Co-ordination Committee within 15 days from the date of receipt of the letter. 8.

In case the Respondent is not able to decide the issue or in case the Petitioner is not satisfied with the decision of the Co-ordination Committee, liberty is given to the Petitioner to approach this Court by filing a fresh Petition for appointment of an Arbitrator. In case the Petitioner chooses to approach this Court by filing the fresh Petition, it would not be open for the Respondent to raise the plea of limitation.

9.

With these observations, the present Petition is disposed of, along with the pending applications, if any.

SUBRAMONIUM PRASAD, J OCTOBER 29, 2025/Rahul 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 01/11/2025 at 11:11:28