$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010141832026 + ARB.P. 606/2026 & I.A. 9419/2026 MS MULTI BUILDERS .....Petitioner Through: Mr. Anshula Grover and 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. Nachikut 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 respondent floated a Request for Proposal for “Construction of 2 Laning with Hard Shoulder of Peren – Dimapur section on NH – 129A from Design Km 163.592 to Km 173.850 (Length – 10.258 Km) in the state of Nagaland on EPC mode (Pkg – IV)”. The petitioner was the successful bidder and the Letter of Acceptance dated 16.03.2021 was issued in favour of the petitioner for a contract value of ₹55,93,00,001/-. The petitioner furnished the requisite Performance Bank 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 11:06:12 Guarantee and Additional Performance Bank Guarantee. Thereafter, the parties entered into the Contract Agreement dated 17.06.2021. Dispute arose between parties to the lis. 3. Thereafter, the respondent issued a Notice of Deemed Termination dated 25.03.2022, which was replied to by the petitioner on 08.04.2022. As the respondent failed to hand over the requisite ROW, the petitioner issued an Intention to Terminate dated 27.12.2022 and terminated the Contract Agreement on 27.01.2023. The respondent rejected the termination vide letter dated 13.02.2023 and issued a termination notice dated 07.03.2023, which was disputed by the petitioner vide replies dated 01.04.2023. 4. The petitioner invoked arbitration under Clause 26.3 of the Contract Agreement vide notice dated 03.10.2023, however, at the instance of the respondent the petitioner invoked conciliation vide notice dated 30.04.2024. Upon failure of the conciliation proceedings, arbitration was invoked under Clause 26.3 of the Contract Agreement at the instance of the petitioner by issuing a notice dated 11.08.2025. On failure to do the needful, the present petition was filed. 5. Learned counsel for the respondents on instructions has no objection for referring the matter to arbitration. 6. Learned counsels for the parties are ad idem that in a similar matter i.e. ARB.P. 222/2026, Mr. Justice Vipin Sanghi, (Retd.) has been appointed as an arbitrator and the same may be appointed as the arbitrator in this matter also. 7. Accordingly, the petition is allowed by appointing Mr. Justice Vipin Sanghi, (Retd.) (Mobile No.: 9871300037), with the consent of the parties, as the sole arbitrator for adjudication of the disputes which have arisen 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 11:06:12 between the parties. 8. 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. 9. 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. 10. 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 11:06:12