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2026 DAILYLAW 12846 (DEL)

KONKAN RAILWAY CORPORATION LTD THROUGH ADDITIONAL CPM FABRICATION AND INSPECTION v. NORTH-EASTERN RAILWAY

ARB.P./1181/2026 · 2026-07-20

Subramonium Prasad

body2026

Judgment text

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$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1181/2026 KONKAN RAILWAY CORPORATION LTD THROUGH ADDITIONAL CPM FABRICATION AND INSPECTION .....Petitioner Through: Mr. Nakul Mohta and Ms. Saijal Arora, Advocates versus NORTH-EASTERN RAILWAY .....Respondent Through: Mr. Gaurav Mishra CGSC, Mr. Vanshil Pali (GP), Ms. Priyanka Mishra, Ms. Jyoti Tiwari Advs CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD O R D E R % 20.07.2026 I.A. 18688/2026 (Exemption) Allowed, subject to all just exceptions. ARB.P. 1181/2026 1. Learned Counsel for the Respondent draws attention to Clause 24.1.1 which states that all disputes and differences arising out of the contract, shall, in the first instance, be resolved through conciliation. Upon the failure of the conciliation process, the dispute shall be referred to a Dispute Adjudication Board in terms of Clause 24.2.1, and only upon failure of the said mechanism can the disputes be referred to arbitration. 2. Learned Counsel for the Respondent further states that the procedure 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 23/07/2026 at 11:36:22 as contemplated under the Dispute Resolution Clause has not been complied with and therefore, the present Petition is premature in nature. 3. Learned Counsel for the Petitioner, therefore, seeks permission to withdraw the present Petition, in order to follow the procedure as prescribed under Article 24 of the Engineering, Procurement and Construction Agreement. 4. Leave and liberty granted. 5. It is always open for the Petitioner to approach this Court in case the aforementioned procedure is not successful. 6. The Petition is disposed of as withdrawn. SUBRAMONIUM PRASAD, J JULY 20, 2026 Prateek 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 23/07/2026 at 11:36:22