M/S T G Promoters Pvt Ltd v. Govt Of NCT Of Delhi Public Works Department

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1650/2025 M/S T G PROMOTERS PVT LTD .....Petitioner Through:

Mr. Avinash Tiwari and Mr. Rahul Aggarwal, Advocates.

versus GOVT OF NCT OF DELHI PUBLIC WORKS DEPARTMENT .....Respondent Through:

Mr. Anubhav Gupta, Panel Counsel.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 13.10.2025 I.A. 25340/2025 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

ARB.P. 1650/2025 3.

This petition is filed by the Petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 ('1996 Act') for appointment of Sole Arbitrator to adjudicate the disputes between the parties. 4.

Disputes between the parties emanate from a Letter of Acceptance dated 22.05.2020 in respect of work of construction of 44 Nos. Additional SPS Classrooms in Govt. Girls Middle School at Sector-24 Rohini including work of laboratories, staircase, toilets and ramps, internal water supply, sanitary installations, internal electrification and fire fighting arrangements. Disputes having arisen, Petitioner invoked Arbitration Clause 25(i) read with OM dated 04.09.2017 and sent a notice dated 28.09.2024 for ARB.P. 1650/2025 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 17/10/2025 at 11:50:33

appointment of Arbitrator, however, there was no response. 5.

Issue notice.

6.

Mr. Anubhav Gupta, learned counsel accepts notice on behalf of the Respondent and on instructions submits that Respondent has no objection to the appointment of the Arbitrator albeit claims of the Petitioner on merits, are disputed.

7.

Learned counsels for the parties jointly submit that it is a term of the Arbitration Agreement that the Sole Arbitrator shall be a Graduate Engineer with experience in handling Public Works Engineering Contracts at a level not lower than Chief Engineer (Joint Secretary level to the Government of India) and therefore, Court may appoint an Arbitrator possessing the required Educational Qualifications and Experience. 8.

In light of the aforesaid clause this petition is allowed, appointing Mr. Ramesh Chandra, Chief Engineer (Retd.) (Mobile No. 9818857377), as the Sole Arbitrator. Fee of the Arbitrator shall be fixed as per Fourth Schedule of 1996 Act, as agreed.

9.

Learned Arbitrator shall give disclosure under Section 12 of the 1996 Act before entering upon reference.

10.

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.

11.

Petition is disposed of in the aforesaid terms. JYOTI SINGH, J OCTOBER 13, 2025/RW ARB.P. 1650/2025 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 17/10/2025 at 11:50:33