M/S RAKESH BUILDERS AND CONTRACTORS v. DELHI TRANSCO LIMITED
ARB.P./1962/2025 · 2026-01-27
Vikas Mahajan
body1962
DailyLaw.ai
[ 1962 DAILYLAW 4 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 1962 DAILYLAW 4 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1962/2025 M/S RAKESH BUILDERS AND CONTRACTORS .....Petitioner Through: Mr. Rajmangal Kumar, Mr. Satyender Kumar and Ms. Sangeeta Kumari, Advs. versus DELHI TRANSCO LIMITED .....Respondent Through: Ms. Anubha Dhulia, Adv. CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R % 27.01.2026
1. By way of this petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 [in short, ‘Act’], the petitioner seeks appointment of a Sole Arbitrator to adjudicate the disputes between the parties under agreement dated 04.12.2020. Clause 25 of the GCC provides for resolution of disputes through arbitration. The arbitration is to be conducted by the Sole Arbitrator. 2. The arbitration clause provides that the arbitration proceedings shall be held in Delhi and only Delhi Courts will have the jurisdiction in the matter. 3. The disputes having arisen between the parties, the petitioner invoked arbitration by a communication dated 25.08.2025. The said notice was responded to by the respondent vide its reply dated 14.10.2025. However, the arbitration clause has not been disputed. 4. At the stage of proceedings under Section 11 of the Act, the Court is only required to satisfy itself, prima facie, as to the existence of the This is a digitally signed order. 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 30/01/2026 at 12:17:18
arbitration agreement and all other questions are left to be determined by the learned Arbitrator. 5. Since there is no dispute as to the existence of the arbitration clause, therefore, the present petition is allowed. 6. The disputes between the parties are referred to the arbitration under the aegis of Delhi International Arbitration Centre, Delhi High Court, Shershah Road, New Delhi-110503 [in short, ‘DIAC’]. 7. The parties are ad idem that since the matter is technical in nature, therefore, any Engineer be appointed as Arbitrator by the DIAC from the panel available with it. 8. Accordingly, the DIAC is directed to appoint an Engineer as Arbitrator from the panel maintained by it. The arbitration shall be governed by the Rules of DIAC, including as to the remuneration of the learned Arbitrator. 9. The learned Arbitrator is requested to furnish declaration under Section 12 of the Act, prior to entering upon the reference. 10.
It is clarified that no observation has been made on merits of the case and all the contentions available to the parties are left open for adjudication by the learned Arbitrator. 11. The petition is disposed of, in the aforesaid terms. 12. Copy of this order be given dasti under signatures of Court Master. VIKAS MAHAJAN, J JANUARY 27, 2026/aj This is a digitally signed order. 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 30/01/2026 at 12:17:18