M/S Garuda Urban Remedies Ltd v. Delhi Metro Rail Corporation Ltd

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 21/2026 & I.A. 124/2026 M/S GARUDA URBAN REMEDIES LTD .....Petitioner Through:

Ms. Bani Dikshit, Mr. Dhruva Vig and Mr. Uddhav Khanna, Advs.

versus DELHI METRO RAIL CORPORATION LTD .....Respondent Through:

Mr. Kunal Mittal and Mr. Shiv Dutt Kaushik, Advs.

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN

O R D E R

% 28.01.2026 1.

The present petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short 'the Act') for appointment of an arbitrator. 2.

The License Agreement dated 14.09.2023 was executed between the parties with respect to Shop no. 2 (Janpath_1) situated at Janpath Metro Station, New Delhi. The disputes arose between the parties consequent to persistent and recurring seepage and water ingress in the shop and the facts were brought to the notice of the respondent. 3.

An attempt to reconciliation failed on 19.08.2025. The notice under Section 21 of the Act for appointment of the arbitrator in compliance with the Clause 9.2 of the License Agreement was issued and hence the present petition was filed.

4.

Learned counsel for the respondent 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 02/02/2026 at 11:31:06

5.

Accordingly, the petition is allowed by appointing Justice Mr. Arvind Sangwan (Retd.) (Mobile No.7347025003), with the consent of the parties, as the sole arbitrator for adjudication of the disputes which have arisen between the parties.

6.

The fees of the learned Arbitrator will be governed by Schedule IV of the Act. 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 JANUARY 28, 2026/Pa 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 02/02/2026 at 11:31:06