$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010225592026 + ARB.P. 911/2026 M/S BAHL BUILDERS PVT LTD .....Petitioner Through: Ms. Kanika Singh, Mr. Saurav Deep & Mr. Aridaman Raghvanshi, Advs. versus M/S VATIKA LIMITED .....Respondent Through: Mr. Dhananjali Jain, Ms. Omita Unnankar, Mr. Anurag Mishra & Mr. Bhoop Singh, Advs. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN O R D E R % 07.09.2026 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 parties to the lis entered into a Contract Agreement dated 03.10.2016 (for short ‘the agreement’) pursuant to the work order dated 29.09.2016 for civil and structural works at Gurgaon, Haryana. The value of work was Rs.46,82,96,350/- with commencement on 15.10.2016 and completion within thirty (30) months. Disputes arose between the parties regarding delay, non-payment and withholding of the dues of the petitioner. The arbitration was invoked at the instance 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 14/09/2026 at 15:45:11 petitioner under clause 78 of the agreement vide letter dated 12.01.2026. The parties agreed to Delhi as the seat/venue of arbitration. 2.1 Clause 78 of the CA is reproduced below: “78. Arbitration: Before resorting to arbitration as per the clause given below, the parties if they so agree may explore the possibility of conciliation as per the provisions of Part-III of the Arbitration and Conciliation Act 1996. When such conciliation has failed, the parties shall adopt the following procedure for arbitration: a. Except where otherwise provided for in the Contract, any disputes and differences relating to the meaning of the Specifications, Design, Drawings and Instructions herein before mentioned and as to the quality of workmanship or materials used in the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, Designs, Drawings, Specifications, Estimates, Instructions, or these conditions or otherwise concerning the works or the execution or failure to execute the same whether arising during the progress of the work or after the completion or abandonment thereof shall be referred to the Principal who shall appoint a Sole Arbitrator, in consultation with the Contractor, to arbitrate on the dispute. b. If the arbitrator so appointed resigns or is unable or unwilling to act due to any reason whatsoever, or dies, the Principal may appoint a new arbitrator in accordance with these terms and conditions of the Contract, to act in his place and the new arbitrator so appointed may proceed from the stage at which it was left by his predecessor. c. It is a term of the contract that the party invoking the arbitration shall specify the dispute / differences or questions to be referred to the Arbitrator under this clause together, with the amounts claimed in respect of each dispute. d. The Arbitrator may proceed with the arbitration ex-parte, 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 15:45:11 if either party, in spite of a notice from the Arbitrator, fails to take part in the proceedings. e. The work under the Contract shall continue as directed by the Engineer-in-Charge, during the arbitration proceedings. f. The cost of arbitration shall be borne by the parties to the dispute, as may be decided by the arbitrator. g. Unless otherwise agreed, the venue of arbitration proceedings shall be at Gurgaon. h. The award of the Arbitrator shall be final, conclusive and binding on both the parties. i Subject to the aforesaid, the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modifications or re-enactment thereof and the Rules made there under and for the time being in force shall apply to the arbitration proceedings and Arbitrator shall publish his Award accordingly.” 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.Mohammad Rafiq (Retd.) (Mobile No.9414055777) 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 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 15:45:11 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 7, 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 14/09/2026 at 15:45:11