$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010300152026 + ARB.P. 1139/2026 & I.A. 18087/2026 M/S ALANKIT ASSIGNMENTS LIMITED .....Petitioner Through: Ms. Saumya Gupta, Adv. versus UNION OF INDIA & ANR. .....Respondents Through: Ms. Nidhi Raman, CGSC with Mr. Akash Mishra, Adv. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN O R D E R % 12.08.2026 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 respondent no.2 issued a request for proposal dated 04.02.2025 for outsourcing Consular/Passport/Visa/OCI/Police Clearance Certificate (PCC) / Surrender Certificate (SC) /Global Entry Program(GEP) Verification/Miscellaneous Attestation related support services at the High Commission of India, Singapore. On 28.03.2025 the petitioner was awarded the letter of intent and agreement dated 30.06.2025 (hereinafter ‘the agreement’) was executed for a period of three years. The respondent no.2 vide letter dated 22.09.2025 initially directed the petitioner to commence operations from 01.10.2025 but then later directed to keep the commencement in abeyance. On 29.09.2025 respondent no.1 issued a show cause notice (for short ‘SCN’). A reply to the 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 18/08/2026 at 11:13:52 SCN was submitted by the petitioner on 09.10.2025. Respondent no.2 terminated the agreement vide letter dated 25.11.2025. Clause 16 of the agreement provided for dispute resolution through arbitration. Notice invoking arbitration as per Section 21 of the Act was served on 30.12.2025 by the petitioner. Hence, the present petition. 3. Clause 16 of the agreement reads as under:- “DISPUTE SETTLEMENT In the event of any dispute or difference arising out of or in connection with this Agreement, the same shall be resolved amicably between the Parties, after issuance of 15 days’ notice in writing to the other party clearly mentioning the nature of the dispute. In the event the Parties are unable to resolve their dispute amicably, the following dispute resolution procedures shall apply: i. Any dispute or grievance not resolved amicably, shall be forwarded by the Service Provider to the Monitoring Committee which shall be headed by the HOM of the Mission. The Monitoring Committee shall also include the Head of Chancery and up to two members from the Mission concerned, as considered necessary by the Chairman. A representative of the Service Provider may also be a member of the Monitoring Committee. The formation of the Monitoring Committee shall be at the discretion of the HOM concerned. After giving an opportunity of being heard to the Service Provider, the Monitoring Committee shall consider the matter and give its decision thereon in writing. ii. If the dispute is not resolved at the level of the Monitoring Committee or within three months from the date of submitting the dispute to the Monitoring Committee, the dispute may be referred to the Appellate Authority in the Ministry. The Appellate Authority shall be headed by the Secretary/Additional Secretary or a nominee not below the rank of Joint Secretary and comprise of the 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 18/08/2026 at 11:13:52 Joint Secretary (CPV), one officer not below the rank of Director in the CPV Division; one officer from the Finance Division not below the rank of Deputy Secretary; one officer from L& T Division not below the rank of Deputy Secretary, one officer from the Administration Division not below the rank of Under Secretary. iii. If the dispute is not resolved in the Appellate Authority, the Parties may submit the dispute to Arbitration under the Delhi International Arbitration Centre (DIAC) in accordance with DIAC (Arbitration Proceedings) Rules, 2018, as amended from time to time. In the Arbitration, before DIAC, the applicable law shall be Indian law for all purposes, both substantive as well as procedural. The Delhi International Arbitration Centre Rules (DIAC) made there under with all/any modifications or amendment thereof for the time being in force shall apply to the arbitration proceedings. The working language of the Arbitration shall be English. The seat of Arbitration shall be at New Delhi. The decision of the Arbitration Tribunal shall be final and binding on the Parties. The Agreement shall be governed and interpreted in accordance with the laws of India and Courts in Delhi shall have exclusive jurisdiction. It is, however, made clear that any dispute between the Service Provider and its partner/local partner shall be the sole responsibility of the Service Provider. Similarly, any problem arising out of such dispute that may affect the outsourcing of CPV services shall be the sole responsibility of the Service Provider. Ministry/Mission concerned shall not, in any manner, be responsible for such a dispute and in the event of such a dispute affecting the CPV services in the concerned Mission, the penal provisions indicated in this Agreement/RFP shall be applicable.” 4. Learned counsel for the petitioner contends that as per clause 16 of the agreement before referring the matter to arbitration attempt needs to be 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 18/08/2026 at 11:13:52 made to resolve the dispute through a monitoring committee and subsequently by the appellate authority. Further submits that whether the committee has not been constituted. 5. Learned counsel for the respondent has no serious objection for referring the matter to arbitration subject to all contentions being kept open. 6. Accordingly, the petition is allowed by appointing Justice Mr. Ravi Shankar Jha (Retd.) (Mobile No.09425153362) as the sole arbitrator for adjudication of the disputes which have arisen between the parties. Pending application is also disposed of. 7. Arbitral proceedings will be held under the aegis of Delhi International Arbitration Centre (DIAC). Fee of the Arbitrator shall be fixed as per fee schedule. 8. Before entering upon reference, the learned Arbitrator will comply with Section 12 of the Act. 9. 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. 10. A copy of this order be forwarded to the learned Arbitrator for information. AVNEESH JHINGAN, J AUGUST 12, 2026 Ch 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 18/08/2026 at 11:13:52