Extracted from the PDF above. The PDF is authoritative.
ARB.P. 1638/2026 Page 1 of 3 $~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010431972026 + ARB.P. 1638/2026
DIWAKER BANSAL & ANR.
.....Petitioners Through: Mr. Venket Rao and Ms. Ankita Saikia, Advocates.
versus
HARSH BHARGAV & ORS.
.....Respondents Through: Mr. Manpreet, Advocate for R-1&2. Appearance not given on behalf of R-3. Mr. Surjan Singh Shekhawat, Advocate for R-4/Queenstown Infra Projects LLP.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
O R D E R %
14.09.2026
1. This is a petition under Section 11(6) read with Section 15 of the Arbitration and Conciliation Act, 1996 seeking substitution of the sole arbitrator.
2. It is stated that this Court vide order dated 17.07.2025, passed in O.M.P.(I)(COMM.) 258/2025, had appointed the learned sole arbitrator namely Mr. Justice Rajive Bhalla (Retd.). It is stated that while the arbitration proceedings were pending, by the order dated 14.07.2026, the learned sole arbitrator without entering into the merits of the allegations, recorded that the arbitration requires confidence of both parties and in order to maintain the dignity of his office, decided to desist from continuing with the arbitration. Consequently, the learned sole arbitrator recused from the proceedings and the mandate of the arbitral tribunal got terminated. 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 19/09/2026 at 10:57:27
ARB.P. 1638/2026 Page 2 of 3
3. It is in that context that the present petition has been filed.
4. Issue notice.
5. Notice is accepted by learned counsel appearing for the respective respondents.
6.
Learned counsel appearing for the respective parties state that they have no objection in case this Court appoints another learned arbitrator to commence the proceedings on and from the stage as they were on 14.07.2026.
7. Having regard thereto, the petition is allowed and the following directions are passed: i) Ms. Justice Shailendra Kaur (Retd.) (Mob. No.9910384702) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties. ii) The arbitration will be held under the aegis and rules of the DIAC, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the ‘DIAC’). iii) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators’ Fees) Rules, 2018. iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference. v) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims/counter-claims and merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator. vi) The petitioner shall approach the learned Arbitrator within two weeks from today.
8. The other conditions will be one continuing under the Order dated
17.07.2025. 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 19/09/2026 at 10:57:27
ARB.P. 1638/2026 Page 3 of 3
9. Accordingly, the petition is disposed of.
10. Parties are at liberty to file any application they wish to within the time stipulated by the learned Sole Arbitrator.
TUSHAR RAO GEDELA, J SEPTEMBER 14, 2026/anj
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 19/09/2026 at 10:57:27