M/S R. K. JAIN AND SONS HOSPITALITY SERVICES PRIVATE LIMITED v. NEW DELHI MUNICIPAL COUNCIL
ARB.P./1074/2026 · 2026-07-08
Subramonium Prasad
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11784 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11784 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1074/2026 M/S R. K. JAIN AND SONS HOSPITALITY SERVICES PRIVATE LIMITED .....Petitioner Through: Mr. Mayank Jain and Mr. Ritik Chauhan, Advocates versus NEW DELHI MUNICIPAL COUNCIL
.....Respondent Through: Mr. Sarthak Karol, Assisting Counsel, NDMC with Ms. Neelakshi Bhadauria and Mr. Shashank Sharma, Advocates Ms. Shobha Gupta, Additional Standing Counsel for NDMC, with Ms. Akshita Mishra, Adv., for NDMC.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD O R D E R %
08.07.2026 I.A. 17171/2026 (Exemption) Allowed, subject to all just exceptions.
ARB.P. 1074/2026
1. The instant petition under Section 11(6) of the Arbitration & Conciliation Act, 1996 is for appointment of an Arbitrator for adjudication of disputes which have arisen between the parties.
2. It is stated that the Petitioner was awarded the work of A/R & M/o Building in BM-III Division during 23-24 SH: Provid.ing manpower & toilet 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 14/07/2026 at 11:08:14
attendant for day to day cleaning work in Palika Bazar and the work Petitioner completed the said work on 15.09.2023. However, it is stated that despite several reminders, the Respondent has not released the outstanding amounts. It is stated that the Respondent released the final bill amount on 20.11.2025 withholding Rs.61,708/- on account of GST.
3. It is stated that since the Respondent withheld a sum of Rs.61,708/- on account of GST, the Petitioner invoked Clause 25.2 of the contractual agreement, which contains an arbitration clause.
4. It is stated that a notice under Section 21 of the Arbitration & Conciliation Act was issued on 06.02.2026, which has been duly served on the Respondent. Since the said notice has not been replied to by the Respondent, the Petitioner has approached this Court under Section 11 of the Arbitration & Conciliation Act seeking appointment of an Arbitrator.
5. Issue notice.
6.
Learned Counsel for the Respondent accepts notice.
7.
Learned Counsel for the Petitioner states that since the dispute is for a sum of Rs.61,708/-, an ad hoc Arbitrator can be appointed in the case.
8. Accordingly, Ms. Harshitha Rathod, Advocate, (Mob No: 9844240356) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties.
9. The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the Arbitration & Conciliation Act, 1996, within three weeks of entering reference.
10. 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. 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 14/07/2026 at 11:08:14
11. Needless to state, nothing in this Order shall be construed as an expression of this Court on the merits of the contentions of the parties.
12. The present Petition stands disposed of in the above terms along with pending application(s), if any.
SUBRAMONIUM PRASAD, J JULY 08, 2026 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 14/07/2026 at 11:08:14