ARB.P. 1542/2025 Page 1 of 3 $~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010698622025 + ARB.P. 1542/2025 M/S SR 39 ENGINEERS PVT LTD .....Petitioner Through: Mr. Avinash Trivedi and Mr. Rahul Aggarwal, Advocates. versus M/S HINDUSTAN PREFAB LIMITED & ANR. .....Respondents Through: Mr. Varun Nischal and Ms. Saira Tagra, Advocates with Mr. Mukesh, Legal Incharge for R-1. Ms. Pratima N. Lakra, CGSC with Mr. Shailendra Kumar Mishra, Advocates with Mr. Devendra Kumar, HQ, NDRF and Mr. Rahul Kumar Pandey for R-2. CORAM: HON'BLE MR. JUSTICE TUSHAR RAO GEDELA O R D E R % 15.09.2026 1. This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator. 2. On the previous date of hearing, after some arguments, Mr. Varun Nischal, learned counsel for the respondent no.1 was requested to take instructions as to whether the respondent no.1 would facilitate the petitioner to approach the Dispute Redressal Committee (hereinafter referred to as the ‘DRC’), for the purpose of completing the procedure of amicable settlement of the disputes as per Clause 25 of the General Conditions of Contract (GCC) read with Clause 26 of Special Conditions of Contract (SCC). 3. Mr. Nischal, learned counsel for the respondent no.1, on instructions, 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 19/09/2026 at 10:57:25 ARB.P. 1542/2025 Page 2 of 3 states in the affirmative. 4. Mr. Avinash Trivedi, learned counsel for the petitioner also has no objection in case the aforesaid procedure is followed. 5. Having regard to the above, and the fact that the parties are ad idem to the procedure of approaching the DRC on the first instance before taking recourse to the procedure prescribed under the aforesaid clauses for invocation of arbitration, the present petition is allowed in the following terms: a. The contact details and constitution of DRC will be supplied by Mr. Nischal to Mr. Trivedi within one week, and the petitioner will submit its claims with the DRC within a period of two week from the date of intimation. DRC may take up the disputes, and dispose of the petitioner’s claims not later than a period of 90 days thereafter. b. In the event the resolution is not acceptable to either of the parties, the disputes between the parties arising out of the Contract will be adjudicated by arbitration, for which purpose Hon’ble Ms. Mukta Gupta, (Retd.) [Tel:- 9650788600] is appointed as the Arbitrator. Either party may approach the learned Arbitrator after lapse of the aforesaid time or after the DRC decides the matter, whichever is earlier. c. The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act, prior to entering upon the reference. d. The arbitration will be held under the aegis of Delhi International Arbitration Centre, Shershah Road, New Delhi-110503 [“DIAC”], and will be subject to the Rules of the DIAC, including as to the renumeration of the learned Arbitrator. e. The question as to whether the National Disaster Response Force 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 19/09/2026 at 10:57:25 ARB.P. 1542/2025 Page 3 of 3 (NDRF) is a veritable party is left open for adjudication by the learned Arbitrator. f. It is made clear that this Court has not entered into the merits of the controversy between the parties, and all claims and defences are left open for adjudication by the learned Arbitrator in accordance with law, including as to the arbitrability and merits of the claims of the parties. TUSHAR RAO GEDELA, J SEPTEMBER 15, 2026/anj 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 19/09/2026 at 10:57:25