Ayush Sharma Proprietor Of M/S A S Construction Co v. Government Of NCT Of Delhi
$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1911/2025 AYUSH SHARMA PROPRIETOR OF M/S A S CONSTRUCTION CO .....Petitioner Through:
Mr. Ankur Mahindro and Mr. Rohan Taneja, Advocates versus GOVERNMENT OF NCT OF DELHI .....Respondent Through:
Mr. Anubhav Gupta, Panel Counsel (Civil), GNCTD
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 18.11.2025 1.
This Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator to adjudicate on the disputes which have arisen between the parties under the Contract dated 07.10.2019.
2.
It is stated that under the said Contract, the Petitioner herein was awarded the work of Construction of both side drain along Phirni road and construction of Inner Streets at Village Shahbad Daulatpur in Distt. North, by the Respondent herein. It is stated that the Petitioner herein completed the work on 22.03.2023, however, the amounts due to the Petitioner are not being paid by the Respondent. It is stated that various demand notices have been raised by the Petitioner. It is stated by the learned Counsel for the Petitioner that as on date about Rs.2,25,24,895/- is due and payable by the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Respondent. Clause 25 of the Agreement contains the dispute resolution clause.
3.
A notice dated 09.06.2025 under Section 21 of the Arbitration and Conciliation Act, 1996, was sent by the Petitioner to the Respondents invoking Arbitration. It is stated that the Respondents, in their reply dated 25.06.2025, have failed to appoint an Arbitrator to adjudicate the disputes. The Petitioner has, therefore, approached this Court by filing the present Petition.
4.
Learned Counsel appearing for the Respondent, on instructions, states that the Respondent have no objection to the appointment of Arbitrator. 5.
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. 6.
Accordingly, Mr. M.C.T. Pareva, Former ADG, CPWD (Mob: 9910337676) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties.
7.
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.
8.
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.
9.
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.
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10.
Needless to say, nothing in this order shall be construed as an expression on the merits.
11.
The present petition stands disposed of in the above terms along with pending application(s), if any.
SUBRAMONIUM PRASAD, J NOVEMBER 18, 2025 Rahul The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.