$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010183402026 + ARB.P. 777/2026 & I.A. 11971/2026 MS KSHEERAABD CONSTRUCTION PVT LTD .....Petitioner Through: Mr. Anshula Grover & Ms. Diksha Priya, Advs. versus NATIONAL HIGHWAYS INFRASTRUCTURE DEVELOPMENT CORPORATION .....Respondent Through: Mr. Abhinav Mukherji, Sr. Adv. with Mr. Anshul Rai, Ms. Mallika Ranjan, Ms. Bihu Sharma, Ms. Archita Nigam & Mr. Nachiket Kaul, Advs. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN O R D E R % 05.08.2026 1. This petition is filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short „the Act‟) for appointment of an arbitrator. 2. The brief facts are that the parties entered into the Contract Agreement dated 01.06.2020 for "Construction of two-lane with hard shoulders of Changtongya-Longleng Road on EPC basis from existing Km. 16.530 to Km 29.530 (Design Km. 18.779 to Km. 33.428, Design length 14.649 Kms.) in the State of Nagaland(Pkg-2) under NH (O) Plan" pursuant to the Letter of Acceptance dated 11.03.2020. Thereafter, disputes arose between the parties and the respondent terminated the contract vide letter 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 10/08/2026 at 11:05:21 dated 17.04.2023. 3. The petitioner invoked arbitration under Clause 26.3 of the Contract by notice dated 15.06.2023, however, as the respondent insisted upon exhaustion of the contractual conciliation mechanism, the petitioner invoked conciliation by notice dated 27.11.2023 and issued reminders thereafter. Upon failure of the conciliation process, the petitioner invoked arbitration under clause 26.3 of the contract vide notice dated 27.03.2025. On failure to do the needful, the present petition was filed. 4. Learned counsel for the respondents on instructions has no objection for referring the matter to arbitration. 5. Learned counsels for the parties are ad idem that in a similar matter i.e. O.M.P. (T) (COMM.) 20/2026, Hon‟ble Mr. Justice Sharad Arvind Bobde, Former Chief Justice of India, has been appointed as an arbitrator and the same may be appointed as the arbitrator in this matter also. 6. Accordingly, the petition is allowed by appointing Hon‟ble Mr. Justice Sharad Arvind Bobde, Former Chief Justice of India (Mobile No.: 9871234803), with the consent of the parties, as the sole arbitrator for adjudication of the disputes which have arisen between the parties. 7. The fees of the learned Arbitrator will be governed by Schedule IV of the Act. 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, 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. 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 10/08/2026 at 11:05:21 9. A copy of this order be forwarded to the learned Arbitrator for information. AVNEESH JHINGAN, J AUGUST 5, 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 10/08/2026 at 11:05:21