ARB.P. 2108/2024 $~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 2108/2024 & I.A. 49275/2024 NKG INFRASTRUCTURE LIMITED .....Petitioner Through: Ms. Risha Mittal, Mr. Rohan Narula, Mr. Sanchit Gupta and Mr. Md. Adil Alam, Advocates. versus UNION OF INDIA THROUGH DIRECTOR GENERAL MARRIED ACCOMMODATION PROJECT & ANR. .....Respondents Through: Ms. Monika Arora, CGSC with Mr. Subrodeep Saha & Mr. Ankur Yadav, Advocates. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD O R D E R % 13.01.2025 1. The Petitioner has approached this Court under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator to adjudicate the disputes between the parties. 2. It is stated that Respondent No.1 issued a tender for ‘construction of residential accommodation at Bikaner (Package-30A)’ and the bid of the Petitioner was accepted for a lump sum amount of Rs.1,35,57,20,808.48/-. It is stated that a contract dated 08.09.2010 was entered into between the parties. 3. It is stated that work order was issued and the stipulated date of completion of the contract work was 19.10.2012. However, it is stated that the contract work was delayed for a period of nine years. It is stated that 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 24/01/2025 at 14:48:04 ARB.P. 2108/2024 after repeated requests to provide the necessary documents in order to enable the Petitioner to submit its final bill, the Petitioner was able to submit the final bill after four months of the completion of the work. It is stated that even after 33 months of the submission of the final bill, Respondent No.1 has failed to pay even the undisputed part of the final bill. Therefore, the Petitioner issued notice dated 16.05.2023 to the Respondent invoking arbitration. It is stated that since the notice invoking arbitration has not been responded by the Respondents, the Petitioner has approached this Court seeking appointment of an Arbitrator. 4. During the course of hearing, respective Counsel for the parties jointly request that Mr. Arvind Kumar Arora, former DG (Pers), MES be appointed to adjudicate the disputes between the parties. 5. Accordingly, Mr. Arvind Kumar Arora, former DG (Pers), MES is appointed as a Sole Arbitrator to adjudicate upon the disputes between the parties. 6. 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. 7. The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the Arbitration & Conciliation Act within a week of entering on reference. 8. 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. 9. Needless to say, nothing in this order shall be construed as an 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 24/01/2025 at 14:48:04 ARB.P. 2108/2024 expression of this Court on the merits of the contentions of the parties. 10. The present petition stands disposed of in the above terms along with pending application(s), if any. SUBRAMONIUM PRASAD, J JANUARY 13, 2025 hsk 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 24/01/2025 at 14:48:04