$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010286982026 + ARB.P. 1093/2026 & I.A. 17438/2026, I.A. 17439/2026 M/S BIRAHI GANGA HYDRO POWER LIMITED .....Petitioner Through: Ms. Meenakshi Midha and Ms. Sindhoora Ravindran, Advocates. versus THE NEW INDIA ASSURANCE COMPANY LIMITED .....Respondent Through: Ms. Astha Arya, Ms. Ruby and Mr. Ayaan Hafiz, Advocates. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD O R D E R % 16.09.2026 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 between the parties under an Insurance Policy, wherein the Respondent has failed to pay an outstanding amount of Rs.2,64,86,000/- as approved by the Surveyor vide a final Survey Report dated 17.03.2025. 2. It is stated that the Respondent issued an Industrial All Risks Insurance Policy to the Petitioner for a period from 11.07.2023 till 10.07.2024 in respect of its Hydro Power Project situated at Village Birahi, District Chamoli, Uttarakhand – 246481 along with the various civil, electrical and mechanical projects. 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 18/09/2026 at 10:54:32 3. It is stated that the Clause 12 of the Insurance Policy contains an arbitration clause. The said clause specifically states that the place of the arbitration shall be at Delhi. Since the disputes arose between the parties, a notice under Section 21 of the Arbitration and Conciliation Act, 1996 invoking arbitration was sent to the Respondent on 24.04.2026. The said Notice was replied to by the Respondent on 23.05.2026. 4. Notice in the present Petition was issued on 09.07.2026. 5. 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. 6. Accordingly, Mr. Abhay Kumar, Advocate (Mob. No: 9810254016) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties. 7. 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. 8. The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the 1996 Act within two weeks of entering on reference. 9. 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. 10. 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. 11. The Petition stands disposed of in the above terms, along with 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 18/09/2026 at 10:54:32 pending application(s), if any. SUBRAMONIUM PRASAD, J SEPTEMBER 16, 2026 Prateek 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 18/09/2026 at 10:54:32