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2026 DAILYLAW 12852 (DEL)

MR. DEVESH GOYAL v. EGIS INDIA CONSULTING ENGINEERS PVT. LTD.

ARB.P./854/2026 · 2026-07-21

Avneesh Jhingan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 854/2026 MR. DEVESH GOYAL .....Petitioner Through: Mr. Nirmalya Shukla, Adv. versus EGIS INDIA CONSULTING ENGINEERS PVT. LTD. .....Respondent Through: Mr. Aman Singhania, Advs. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN O R D E R % 21.07.2026 1. This petition is filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 (for short „the Act‟) for appointment of the arbitrator. 2. The brief facts are that the petitioner was appointed by the respondent vide Appointment Letter dated 20.07.2022. During the course of employment, the petitioner was promoted and redesignated as Associate Director (Head-Rail Conventional) with effect from 22.04.2025. Disputes arose between the parties and the respondent terminated the services of the petitioner on 14.01.2026. 2.1 The petitioner on 30.03.2026 issued a notice under Section 21 of the Act invoking arbitration under clause 13 of the Appointment Letter. Clause 13 is reproduced below: 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 11:36:08 CLAUSE 13 “This Agreement shall be governed and interpreted according to the laws of India. The Parties shall seek to resolve any dispute, controversy, claim or breach arising out of or in relation to this Employment Agreement including any questions, issues or disputes concerning its existence, validity or termination, by amicable arrangement and in the spirit of compromise,and only if the Parties fail to resolve the same by amicable arrangement and compromise within a period of fifteen (15) days of receipt of written notice of the same by the other Party, either Patty may resort to arbitration as provided herein. In case of non-resolution of any dispute or difference in the manner specified above, the same shall then be mandatorily referred to Arbitration, the number of arbitrators shall be a Sole independent arbitrator appointed through mutual consent. The venue of proceedings shall be in Delhi and the arbitration shall be subject to The Arbitration & Conciliation Act, 1996 and rules framed thereunder and under jurisdiction of the courts at Delhi.” 3. Learned counsel for the petitioner submits that clause 13 of the Appointment Letter provides for appointment of a sole arbitrator by mutual consent. Despite notice under Section 21 of the Act the sole arbitrator was not appointed. 4. Learned counsel for the respondent on instructions has no serious objection for referring the matter to arbitration. 5. Accordingly, the petition is allowed by appointing Mr. Mukesh Kumar Tiwari, Advocate (Mobile No. 8368422800) as the sole arbitrator for adjudication of the disputes which have arisen between the parties. 6. Arbitral proceedings will be held under the aegis of Delhi 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 11:36:08 International Arbitration Centre (DIAC). Fee of the Arbitrator shall be fixed as per fee schedule. 7. Before entering upon reference, the learned Arbitrator will comply with Section 12 of the Act. 8. It is made clear that since this Court has not expressed any opinion on the merits of the rival claims of the parties and it will be open for the parties to file their respective claims/counter claims before the learned Arbitrator which will be considered in accordance with law. 9. A copy of this order be forwarded to the learned Arbitrator for information. AVNEESH JHINGAN, J JULY 21, 2026 ‘JK’ 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 11:36:08