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2026 DAILYLAW 17708 (DEL)

MKU LTD v. MINISTRY OF HOME AFFAIRS

ARB.P./1283/2026 · 2026-09-09

Avneesh Jhingan

body2026

Judgment text

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$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010341952026 + ARB.P. 1283/2026 & I.A. 20318/2026 MKU LTD .....Petitioner Through: Ms. Geeta Sharma, Adv. versus MINISTRY OF HOME AFFAIRS .....Respondent Through: Ms. Iram Majid, CGSC with Mr. Mohd. Suboor, Mr. Aman Siddique, Mr. Saad Khan, Mr. Gautham & Ms. Kanchan Semwal, Advs. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN O R D E R % 09.09.2026 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 petitioner is engaged in the business of manufacturing and supplying defence equipment. The respondent floated a tender dated 10.07.2019 for supply of Ballistic Resistant Helmets and the petitioner was the successful bidder. Purchase Order No. P- 4/205/PC(CTS)/BSF/2019/880/825-29 dated 09.03.2021 was placed upon the petitioner for supply of 21,300 helmets. Clause 23 of the contract provides for resolution of disputes through arbitration. 2.1 Disputes arose between the parties, inter alia, regarding delay in delivery and imposition of liquidated damages. The petitioner invoked 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 15/09/2026 at 12:24:45 arbitration and an award dated 04.07.2024 was passed rejecting its claims. The award was set aside by the learned District Judge, Patiala House Courts, New Delhi vide order dated 27.04.2026. The petitioner thereafter issued a legal notice dated 25.05.2026 invoking the arbitration clause. Hence, the present petition. 3. Learned counsel for the respondent on instructions has no objection for referring the matter to arbitration. 4. Accordingly, the petition is allowed by appointing Mr. Kunal Tandon, Senior Advocate (Mobile No: 9818442226) as the sole arbitrator for adjudication of the disputes which have arisen between the parties. Pending application is also disposed of. 5. 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. 6. 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. 7. A copy of this order be forwarded to the learned Arbitrator for information. AVNEESH JHINGAN, J SEPTEMBER 9, 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 15/09/2026 at 12:24:45