Research › Search › Judgment

High Court of Delhi · body

2026 DAILYLAW 12202 (DEL)

CAYA CONSTRUCTION INDIA PRIVATE LIMITED v. GMR POWER AND URBAN INFRA LIMITED

ARB.P./810/2026 · 2026-07-10

Subramonium Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 810/2026 CAYA CONSTRUCTION INDIA PRIVATE LIMITED .....Petitioner Through: Mr. Anirban Bhattacharya, Mr. Apoorv Agarwal, Mr. Manthan Dixit and Ms. Mallika Luthra, Advocates versus GMR POWER AND URBAN INFRA LIMITED .....Respondent Through: Mr. Suryadeep Singh, Advocate with Mr. Shlok Jain, AR FOR THE Respondent CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD O R D E R % 10.07.2026 1. The present Petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the “Arbitration Act”), by the Petitioner seeking appointment of an Arbitrator to adjudicate upon the disputes which have arisen between the parties under three Purchase Orders bearing No. 5200074152 dated 16.05.2023, 5200074998 dated 18.07.2023 & 5200080171 dated 21.09.2024 (hereinafter referred to as the “Purchase Orders”). 2. It is stated that the Respondent placed the Purchase Orders with the Petitioner for supply of various goods, such as drain covers/slabs, precast U- Drains etc. As per the Petitioner, vide email dated 03.01.2025, the Respondent abruptly and without any notice, directed the Petitioner to 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 20/07/2026 at 11:06:51 suspend manufacturing of the above-stated goods, for which a substantial amount of money was already spent by the Petitioner towards the purchase of materials to be supplied to the Respondent. 3. Material on record indicates that each of the Purchase Orders contains an arbitration clause by which the Parties have decided to get their disputes adjudicated through arbitration. The seat of the arbitration has been stated to be at Delhi. The arbitration clause reads as under: “Dispute Resolution: Any dispute or difference arising out of or in connection with this work shall in the first instance be settled amicably by mutual negotiation between the authorized representatives of both the parties herein failing which, at any time after 30 days of the dispute having arisen, said dispute or difference shall be referred to arbitration by a sole arbitrator to be appointed by the CEO of the GPUIL. The arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 and/ or any statutory modifications thereof. The venue of such arbitration shall be at New Delhi and the award passed by the arbitrator shall be final and binding on the parties. The arbitration shall be conducted in English and the arbitrator shall give a reasoned award. Arbitration may be commenced prior to or after completion of the works, provided that the obligations of the GPUIL and the Subcontractor shall not be altered by reason of the arbitration being conducted during the progress of the works.” 4. It is stated that since disputes arose between the Parties, a notice invoking arbitration under Section 21 of the Arbitration Act was issued by the Petitioner to the Respondent on 30.03.2026, and replied to by the Respondent on 25.04.2026. In its reply, the Respondent denied all the allegations levelled by the Petitioner. 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 20/07/2026 at 11:06:51 5. In view of the fact that disputes have arisen between the parties and there is an arbitration clause in the Purchase Orders, this Court is inclined to appoint an Arbitrator to adjudicate upon the disputes between the parties. 6. Accordingly, Ms. Praveena Gautam, Adv. (Mob:9868100816) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties. 7. 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. 8. The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the Arbitration Act within two weeks of entering the reference. 9. 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. 10. Needless to say, nothing in this Order shall be construed as an expression on the merits. 11. The present Petition stands disposed of in the above terms along with pending Application(s), if any. SUBRAMONIUM PRASAD, J JULY 10, 2026 Rahul 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 20/07/2026 at 11:06:51