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2026 DAILYLAW 17862 (DEL)

M/S SHAHZAD KHAN v. UNION OF INDIA

ARB.P./947/2026 · 2026-09-09

Avneesh Jhingan

body2026

Judgment text

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$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010238542026 + ARB.P. 947/2026 M/S SHAHZAD KHAN .....Petitioner Through: Mr. Shivam Tandon & Mr. Abhishek Pandey, Advs. (through VC). versus UNION OF INDIA .....Respondent Through: Mr. Nishant Gautam, CGSC with Ms. Sadhana Sandhu, GP & Mr. Vineet Negi, Adv. 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 respondent-Union of India invited tenders for the work of ‘Upgradation work of various GOB’s class ABC & Srt. Qtrs bungalows under 1-I sub-division, New Delhi during 2023-24 (SH: Renovation of toilets, kitchen, internal & external painting works in various bungalows including E&M Works)’. The petitioner-M/s Shahzad Khan was declared the successful bidder and pursuant to which Letter of Commencement of Work dated 07.02.2024 was issued in favour of the petitioner and agreement No. 159/EE/ID/A-1/2023-24 was executed between the parties. The work was completed on 31.05.2025 to the satisfaction of the department. Disputes arose inter alia, delay attributable to the respondent and non-payment of the outstanding dues including the final bill of the petitioner. 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 14/09/2026 at 15:45:33 2.1 Vide letter dated 25.04.2026, the petitioner invoked arbitration under Clause 25.2 of the agreement and requested the Chief Engineer, CPWD to appoint an independent sole arbitrator. On failure to do the needful, the present petition is filed. 3. Learned counsel for the respondent on instructions has no serious objection for referring the matter to arbitration. 4. Accordingly, the petition is allowed by appointing Justice Mr. C T Ravikumar (Retd.) (Mobile No. 9289243322) as the sole arbitrator for adjudication of the disputes which have arisen between the parties. 5. 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. 6. Before entering upon reference, the learned Arbitrator will comply with Section 12 of the Act. 7. 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. 8. A copy of this order be forwarded to the learned Arbitrator for information. AVNEESH JHINGAN, J SEPTEMBER 9, 2026 ‘JK’ 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 14/09/2026 at 15:45:33