Jullundur Engineering Company v. Union Of India & ORS.
$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 17/2026, I.A. 33/2026 & I.A. 34/2026 JULLUNDUR ENGINEERING COMPANY .....Petitioner Through:
Mr. Ankit Singh & Mr. Karan Negi, Advs.
versus UNION OF INDIA & ORS.
.....Respondents Through:
Mr. Farman Ali, CGSC with Mr.
Rahul Bhaskar & Ms. Usha Jamnal, Advs. & Ms. Rupali Sinha, GP for R1&2.
Ms. Shweta Bharti, Ms. Tejaswini Chandrasekhar, Ms. Vanshika Gupta & Mr. Nayan Mittal, Advs. for R-3.
CORAM:
HON'BLE MR. JUSTICE AVNEESH JHINGAN
O R D E R
% 10.03.2026 1.
The present petition is filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') for appointment of an arbitrator. 2.
Learned counsel for respondent no.3 submits that it is not a necessary party.
2.1 In view of the decision of the Supreme Court in ASF Buildtech (P) Ltd. v. Shapoorji Pallonji & Co. (P) Ltd. (2025) 9 SCC 76, this matter need not be gone into at this stage.
3.
Learned counsel for the respondent nos.1 and 2 on instructions has no objection for referring the matter to arbitration. 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 16/03/2026 at 17:00:26
4.
Accordingly, the petition is allowed by appointing Justice Rekha Palli (Retd. High Court Judge) (Mobile No.: 9810012120), with the consent of the parties, as the sole arbitrator for adjudication of the disputes which have arisen between the parties.
5.
Arbitral proceedings will be held under the aegis of Delhi International Arbitration Centre (DIAC). Fee of the Arbitrator shall be fixed as per fee schedule.
6.
Before entering upon reference, the learned Arbitrator will comply with Section 12 of the Act.
7.
It is made clear that since this Court has not expressed any opinion on the merits of the rival claims of the parties, it will be open for the parties to file their respective claims/counter claims before the learned Arbitrator which will be considered in accordance with law. 8.
A copy of this order be forwarded to the learned Arbitrator for information.
AVNEESH JHINGAN, J MARCH 10, 2026 'ha'
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 16/03/2026 at 17:00:26