$~15 and 16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 660/2026 & I.A. 10237/2026 THERMAX LIMITED .....Petitioner Through: Mr. R. Sudhirnder, Mr. Ashish Mukhi, Mr. Sanidhya Sonthalia and Mr. Kanishk Pandey, Advs. versus NATIONAL FERTILIZERS LTD .....Respondent Through: Mr. Abhishek Bansal, Adv. 16 + ARB.P. 661/2026 & I.A. 10238/2026 THERMAX LIMITED .....Petitioner Through: Mr. R. Sudhirnder, Mr. Ashish Mukhi, Mr. Sanidhya Sonthalia and Mr. Kanishk Pandey, Advs. versus NATIONAL FERTILIZERS LTD .....Respondent Through: Mr. Abhishek Bansal, Adv. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN O R D E R % 24.07.2026 1. These petitions are filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short „the Act‟) for appointment of an arbitrator 2. These petitions are decided by a common order as the facts and the issues involved are similar. For convenience, the facts are taken from 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 28/07/2026 at 11:12:20 ARB.P. 660/2026. 3. The relevant facts are that the respondent floated Notice Inviting Tender (for short „NIT‟) dated 01.04.2017 for installation of Gas Turbo Generator (GTG) and Heat Recovery Steam Generator (HRSG) at Panipat Unit. The petitioner submitted bid on 21.07.2017. A Letter of Intent was issued on 01.02.2018 followed by a work order dated 28.02.2018. The parties to the lis entered into a contract on 30.05.2018 for manufacture, supply and commissioning including pre-commissioning and handing over of GTG and HRSG at a price of Rs. 117,79,47,697/- and Euro 9,345,124. After completion of the work the respondent issued the final acceptance certificate on 06.11.2024. Dispute arose between the parties and the petitioner invoked arbitration under clause 40 of the General Conditions of Contract (for short „GCC‟) by notice dated 04.12.2025 under section 21 of the Act. The relevant portion of clause 40 is reproduced below: “Except where otherwise provided in the contract all matters, questions, disputes or differences whatsoever, which shall at any time arise between the parties hereto, touching the construction, meaning, operation or effect of the contract, or out of the matters relating to the contract or breach thereof, or the respective rights or liabilities of the parties, whether during or after completion of works or whether before or after termination shall after written notice by either party to the contract be referred to Designated Unit Head/ E.D./ Functional Director/ Chairman & Managing Director, National Fertilizers Limited for appointment of Arbitrator.(appropriate designated authority may be inserted as per contract value). The Arbitration proceedings shall be governed by the Arbitration & Conciliation Act 1996, The Arbitration & Conciliation (Amendment Act 2015) or any further statutory modification or re enactment thereof and the rules made thereunder. If the arbitrator to whom matter 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 28/07/2026 at 11:12:20 is referred, vacates his/ her office by any reason whatsoever then the next arbitrator so appointed by the authority referred above may start the proceedings from where his predecessor left or at any such stage he may deem fit.” 4. Learned counsel for the parties are ad idem that in a similar matter i.e. O.M.P (T) (COMM) 73/2026, Ms. Vibha Datta Makhija, Senior Advocate was appointed as the sole arbitrator and she may be appointed in these matters as well. 5. Accordingly, the petition is allowed by appointing Ms. Vibha Datta Makhija, Senior Advocate as the sole arbitrator for adjudication of the disputes which have arisen between the parties on the terms mentioned in O.M.P (T) (COMM) 73/2026. 6. A copy of this order be forwarded to the learned Arbitrator for information. AVNEESH JHINGAN, J JULY 24, 2026/Pa 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 28/07/2026 at 11:12:20