ARB.P. 1466/2026 $~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010384212026 + ARB.P. 1466/2026 M/S RKIPL NSC JV .....Petitioner Through: Ms. Anshula Grover and Ms. Diksha Priya, Advocates. versus NATIONAL HIGHWAYS INFRASTRUCTURE DEVELOPMENT CORPORATION .....Respondent Through: Mr. Deepak Thukral, Standing Counsel with Mr. Shashvat Dwivedi, Advocate. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 22.09.2026 I.A. 22403/2026 (Exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. ARB.P. 1466/2026 3. This petition is filed on behalf of the Petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘1996 Act’) for appointment of an Arbitrator. 4. The disputes in the present case arise from a Contract Agreement dated 02.06.2020 being “Construction of Two-Lane with hard shoulders of Chantongya-Longleng on EPC basis from existing KM 0.0 to KM 16,592 (Design KM 0+000 to KM 18+779) in State of Nagaland (Pkg-1) under 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 29/09/2026 at 10:48:01 ARB.P. 1466/2026 NH(o) Plan”. Disputes arose between the parties inter alia pertaining to alleged failure of the Respondent to hand over requisite encumbrance-free Right of Way in a timely manner, delay in utility shifting, failure to maintain Project Highway prior to and until actual hand over of 90% ROW, withholding of SPS/IPC amounts and unilateral imposition of liquidated damages, force majeure events etc. Petitioner invoked the conciliation mechanism under Article 26.2 of the Contract vide notice dated 14.03.2026 but Respondent failed to respond and/or initiate conciliation within 30 days. Petitioner sent notice invoking arbitration dated 18.05.2026 under Clause 26.3, nominating its nominee Arbitrator, however, Respondent failed to appoint its nominee Arbitrator and Petitioner has approached this Court for appointment. Indisputably, the contract between the parties contains Arbitration Agreement, which is as follows:- “26.3 Arbitration (i) Any dispute which remains unresolved between the parties through the mechanisms available/prescribed in the Agreement, irrespective of any claim value, which has not been agreed upon/reached settlement by the parties, will be referred to the Arbitral Tribunal as per the Arbitration and Conciliation Act.” 5. The existence of the arbitration Clause is not disputed by the Respondent although the averments in the petition on merits are strongly denied. The scope of enquiry in a petition under Section 11(6) of 1996 Act by a Referral Court is restricted to prima facie examining the existence of the Arbitration Agreement between the parties, which in this case is not disputed. Therefore, in light of the judgments of the Supreme Court in SBI General Insurance Company Limited v. Krish Spinning, (2024) 12 SCC 1 and Central Organisation for Railway Electrification v. ECI-SPIC-SMO- MCML (JV) a Joint Venture Company, 2024 SCC OnLine SC 3219 and 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 29/09/2026 at 10:48:01 ARB.P. 1466/2026 Clause 26.3 of the contract which envisages reference of disputes to Arbitral Tribunal as per 1996 Act, Court finds no impediment in appointment of the Sole Arbitrator. 6. Accordingly, with the consent of the parties Mr. Justice (Retd.) Swatanter Kumar, former Judge of the Supreme Court (Mobile No. 9560413636) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties. Fee of the Arbitrator shall be fixed as per Fourth Schedule of 1996 Act, as agreed between the parties. 7. Learned Arbitrator shall give disclosure under Section 12 of 1996 Act before entering upon reference. 8. It is made clear that this Court has not expressed any opinion on the merits of the case and all rights and contentions of the respective parties are left open. 9. Petition is disposed of in the aforesaid terms. JYOTI SINGH, J SEPTEMBER 22, 2026 S.Sharma 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 29/09/2026 at 10:48:01