Gorkha Security Services v. Govt Of NCT Of Delhi & ANR.

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1745/2024 GORKHA SECURITY SERVICES .....Petitioner Through:

Mr. Tarkeshwar Nath, Mr. Harshit Singh and Mr. Anant Dev, Advocates.

versus GOVT OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Tushar Sannu and Mr. Hardik Saxena, Advocates alongwith Mr.

Sunil Kumar, Section Officer for R-1.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 18.02.2025 1.

By way of present petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the 'A&C Act'), the petitioner seeks constitution of an Arbitral Tribunal, to adjudicate the disputes between the parties.

2.

Learned counsel for the petitioner submits that the parties had entered into a Contract Agreement dated 30.01.2013, Clause 58 of which provides that disputes with respect to the agreement shall be resolved through arbitration as per provisions of A&C Act. It further provides that place of arbitration would be at New Delhi.

3.

Learned counsel appearing for the respondents, on instructions, submits that respondents have no objection to the matter being referred to the Arbitral Tribunal comprising of a Sole Arbitrator. 4.

Considering that both the parties have consented to the reference to 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 30/06/2025 at 23:45:16

the arbitral tribunal, the present petition is disposed of with the following directions:- i) The disputes between the parties under the said agreement are referred to the arbitral tribunal.

ii) Mr. Tarun Mathur, Advocate (Mob: 9810759281) is appointed as the sole Arbitrator to adjudicate the disputes between the parties. iii) The arbitration will be held under the aegis of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the 'DIAC'). The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators' Fees) Rules, 2018 or as the parties may agree. iv) The learned Arbitrator shall 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 on the existence and validity of the Arbitration agreement, arbitrability of any of the claim/counter claim, any other preliminary objection, need and legality of interim relief, as well as contentions on merits of the dispute by 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.

MANOJ KUMAR OHRI, J FEBRUARY 18, 2025 ga 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 30/06/2025 at 23:45:16