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2026 DAILYLAW 17407 (DEL)

M/S R.K. JAIN AND SONS HOSPITALITY SERVICES PVT. LTD v. NDMC

ARB.P./1459/2026 · 2026-09-01

Subramonium Prasad

body2026

Judgment text

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ARB.P. 1459/2026 $~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010381572026 + ARB.P. 1459/2026 & I.A. 22317/2026 M/S R.K. JAIN AND SONS HOSPITALITY SERVICES PVT. LTD .....Petitioner Through: Mr. Abhinav Sharma and Ms. Gurjot Sethi, Advocates. versus NDMC .....Respondent Through: Ms. Kanika Singh and Mr. Aridaman Raghuvanshi, Advocates. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD O R D E R % 01.09.2026 I.A. 22318/2026 & I.A. 22319/2026 (Exemption) Allowed, subject to all just exceptions. ARB.P. 1459/2026 1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 by the Petitioner seeking appointment of an Arbitrator to adjudicate upon the disputes under an Agreement dated 27.05.2019 (hereinafter referred to as “Agreement”), executed between the Petitioner and the Respondent, whereby the Petitioner was awarded the work of “Mechanised housekeeping works in various NDMC Buildings (Group-B)” with sub head as “Mechanized housekeeping works in Markets (Palika Bazar, Yashwant Place, Chanakya Bhawan, Palika 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 07/09/2026 at 11:07:27 ARB.P. 1459/2026 Bhawan, Barat Ghar, Schools, Local Shopping Centre at east Kidwai Nagar Complex, SBS Place & Inoculation Centre, Mandir Marg) of NDMC Area”. 2. It is stated that disputes have arisen between the Petitioner and the Respondent regarding the amounts to be paid by the Respondent to the Petitioner in terms of the Agreement. According to the Petitioner, a sum of Rs.1,06,39,619/- is due and payable by the Respondent. 3. Clause 25 of the Agreement contains an arbitration clause by which the Parties have decided to get their disputes adjudicated through arbitration. 4. It is stated that since the Respondent failed to honour their commitments under the Agreement, a notice under Section 21 of the Arbitration and Conciliation Act, 1996 invoking arbitration was sent to the Respondent on 20.01.2026. Since no response has been received from the Respondent, the Petitioner has approached this Court by filing the present petition seeking the appointment of an Arbitrator. 5. Ms. Kanika Singh, learned Counsel, enters appearance on behalf of the Respondent today. 6. In view of the fact that disputes have arisen between the Parties and the Agreement contains an arbitration clause, this Court is inclined to appoint an Arbitrator to adjudicate upon the disputes between the parties. 7. Accordingly, Ms. Aakanksha Kaul, Advocate (Mob. No: 9818131566) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties. 8. The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and would abide by its rules and regulations. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC. 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 07/09/2026 at 11:07:27 ARB.P. 1459/2026 9. The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the Act within two weeks of entering on reference. 10. All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law. 11. Needless to say, nothing in this Order shall be construed as an expression of this Court on the merits of the contentions of the parties. 12. The Petition stands disposed of in the above terms, along with pending application(s), if any. SUBRAMONIUM PRASAD, J SEPTEMBER 01, 2026 S. Zakir 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 07/09/2026 at 11:07:27