M/S Tewatia Construction Pvt Ltd v. Public Works Department Govt Of NCT Of Delhi
$~97, 98, 99, 102 and 103 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1718/2025 M/S TEWATIA CONSTRUCTION PVT LTD .....Petitioner Through:
Mr.
Avinash Kumar Trivedi, Advocate.
versus PUBLIC WORKS DEPARTMENT GOVT OF NCT OF DELHI .....Respondent Through:
Mr. Shiven Varma, Advocate.
+ ARB.P. 1719/2025 M/S TEWATIA CONSTRUCTION PVT LTD .....Petitioner Through:
Mr.
Avinash Kumar Trivedi, Advocate.
versus PUBLIC WORKS DEPARTMENT GOVT OF NCT OF DELHI .....Respondent Through:
Mr. Shiven Varma, Advocate.
+ ARB.P. 1720/2025 M/S SVK INFRASTRUCTURES .....Petitioner Through:
Mr.
Avinash Kumar Trivedi, Advocate.
versus PUBLIC WORKS DEPARTMENT GOVT OF NCT OF DELHI .....Respondent Through:
Mr. Shiven Varma, Advocate.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
+ ARB.P. 1732/2025 M/S TEWATIA CONSTRUCTION PVT LTD .....Petitioner Through:
Mr.
Avinash Kumar Trivedi, Advocate.
versus PUBLIC WORKS DEPARTMENT GOVT OF NCT OF DELHI .....Respondent Through:
Mr. Shiven Varma, Advocate.
+ ARB.P. 1734/2025 M/S TEWATIA CONSTRUCTION PVT LTD .....Petitioner Through:
Mr.
Avinash Kumar Trivedi, Advocate.
versus PUBLIC WORKS DEPARTMENT GOVT OF NCT OF DELHI .....Respondent Through:
Mr. Shiven Varma, Advocate.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 17.10.2025 I.A. 25851/2025 in ARB.P. 1718/2025 (Exemption) I.A. 25852/2025 in ARB.P. 1719/2025 (Exemption) I.A. 25932/2025 in ARB.P. 1732/2025 (Exemption) I.A. 25934/2025 in ARB.P. 1734/2025 (Exemption) 1.
Allowed, subject to all just exceptions.
2.
Applications stand disposed of.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
ARB.P. 1718/2025, ARB.P. 1719/2025, ARB.P. 1732/2025 & ARB.P. 1734/2025 3.
These petitions are filed by the Petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 ('1996 Act') seeking appointment of a Sole Arbitrator to adjudicate the disputes between the parties. 4.
Issue notice.
5.
Mr. Shiven Varma, learned counsel accepts notice on behalf of the Respondent and on instructions, submits that Sole Arbitrator be appointed by the Court since existence of the Arbitration Agreement is not denied. It is, however, submitted that as per the mandate of Arbitration Clause 25 (ii) of GCC, as modified, Arbitrator must be a Graduate Engineer with experience in handling public works engineering contracts at a level not lower than Chief Engineer (Joint Secretary level of Government of India). Counsel for the Petitioner acknowledges this fact. 6.
Accordingly, Mr. Jayesh Kumar, SDG (Retd.), CPWD (Mobile No. 9971832181) is appointed as Sole Arbitrator to adjudicate the disputes between the parties in all the petitions, making it clear that these will be treated as separate references. Fee of the Arbitrator shall be fixed as per Fourth Schedule of 1996 Act.
7.
Learned Arbitrator shall give disclosure under Section 12 of the 1996 Act before entering upon references.
8.
It is made clear that this Court has not expressed any opinion on the merits of the cases and all rights and contentions of the parties are left open. 9.
Petitions are disposed of in the aforesaid terms. ARB.P. 1720/2025 10.
This petition is filed by the Petitioner under Section 11(6) of 1996 Act The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
seeking appointment of a Sole Arbitrator to adjudicate the disputes between the parties.
11.
Issue notice.
12.
Mr. Shiven Varma, learned counsel accepts notice on behalf of the Respondent and on instructions, submits that Sole Arbitrator be appointed by the Court since existence of the Arbitration Agreement is not denied. It is, however, submitted that as per the mandate of Arbitration Clause 25 (ii), the Arbitrator must be a Graduate Engineer with experience in handling public works engineering contracts at a level not lower than Chief Engineer (Joint Secretary level of Government of India). Counsel for the Petitioner acknowledges this fact.
13.
Accordingly, Mr. Vinod Kumar Malik, SDG (Retd.), CPWD (Mobile No. 9818232555) is appointed as Sole Arbitrator to adjudicate the disputes between the parties.
14.
Fee of the Arbitrator shall be fixed as per Fourth Schedule of 1996 Act.
15.
Learned Arbitrator shall give disclosure under Section 12 of the 1996 Act before entering upon reference.
16.
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 parties are left open. 17.
Petition is disposed of in the aforesaid terms. JYOTI SINGH, J OCTOBER 17, 2025/RW The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.