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High Court of DelhiARB.P./1725/2025

Pkg Global Infra Projects Pvt. Ltd. v. Hscc (India) Limited & ANR.

2025-12-09Hon'Ble Mr. Justice Subramonium Prasad2 pages

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1725/2025 PKG GLOBAL INFRA PROJECTS PVT. LTD.

.....Petitioner Through:

Mr. Avinash Kumar Trivedi and Mr.

Rahul Aggarwal, Advocates versus HSCC (INDIA) LIMITED & ANR.

.....Respondents Through:

Mr. Harshit Agarwal, Mr. Aasheesh Gupta and Mr. Palash Agarwal, Advocates for R-1 Mr Rishabh Kapur and Mr. Tanmay Gupta, Advocates for R-2 with Mr Apurv Tyagi, Manager (Law)

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 09.12.2025 1.

This Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator to adjudicate the disputes which have arisen between the parties under the Agreement dated 07.05.2018.

2.

It is stated that under the said Agreement, the Petitioner was entrusted with the work of Construction of Residential Quarters and Transit Camp at Tughlakabad, New Delhi and their maintenance during the Defect Liability Period. It is stated that disputes arose between the parties regarding the duration of completion of work. It is stated that Clause 25(i) of the General Conditions of Contract appended to the Agreement provides for the constitution of Dispute Resolution Committee (DRC) for adjudication of disputes between the parties. It is stated that since the DRC was not constituted despite repeated requests of the Petitioner, the Petitioner has 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 16/12/2025 at 12:22:39

approached this Court by filing the present Petition in terms of Clause 25(ii) of the General Conditions of Contract.

3.

In view of the fact that disputes have arisen between the parties and there is an arbitration clause in the Agreement, this Court is inclined to appoint an Arbitrator to adjudicate upon the disputes between the parties. 4.

Accordingly, Justice G.S. Sistani, former Judge of this Court (Mob No.9871300034) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties.

5.

The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and would abide by its rules and regulations. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.

6.

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

7.

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.

8.

Needless to say, nothing in this order shall be construed as an expression on the merits.

9.

The present petition stands disposed of in the above terms along with pending application(s), if any.

SUBRAMONIUM PRASAD, J DECEMBER 09, 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 16/12/2025 at 12:22:39