ARB.P. 1479/2026 and connected matter 1 of 4 $~8 & 9 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010387342026 + ARB.P. 1479/2026 RAM KRIPAL SINGH CONSTRUCTIONS PVT LTD .....Petitioner Through: Mr. Amit Pawan, Mr. Hassan Zubair Waris and Mr. Arun, Advocates. versus INDIAN OIL CORPORATION LTD & ORS. .....Respondents Through: Mr. Rajeev Sharma, Senior Advocate with Ms. Reeta Mishra, Mr. Kartikeya Tripathi, Mr. Nishant Kandpal and Ms. Arunima Singh, Advocates. 9 # CNR No. DLHC010387362026 + ARB.P. 1480/2026 RAM KRIPAL SINGH CONSTRUCTIONS PVT LTD .....Petitioner Through: Mr. Amit Pawan, Mr. Hassan Zubair Waris and Mr. Arun, Advocates. versus INDIAN OIL CORPORATION LTD & ORS. .....Respondents Through: Mr. Rajeev Sharma, Senior Advocate with Ms. Reeta Mishra, Mr. Kartikeya Tripathi, Mr. Nishant Kandpal and Ms. Arunima Singh, Advocates. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 22.09.2026 I.A. 22617/2026 (Exemption) in ARB.P. 1479/2026 I.A. 22621/2026 (Exemption) in ARB.P. 1480/2026 1. Allowed, subject to all just exceptions. 2. Applications stand disposed of. 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 28/09/2026 at 10:30:41 ARB.P. 1479/2026 and connected matter 2 of 4 ARB.P. 1479/2026 3. This petition has been filed by the Petitioner under Section 11(6) of Arbitration and Conciliation Act, 1996 (‘1996 Act’) seeking appointment of a Sole Arbitrator for adjudication of disputes arising out of a contract ‘Piling and Civil & Structural Works along with associated area development and enabling works for inter-connection pipe rack (Pkg-2) for capacity expansion (to 9.0 MMTPA) Project of Baruani Refinery of Indian Oil Corporation Limited at Barauni, Bihar’ dated 10.03.2021 [Pkg-2]. The contract contains an arbitration Clause 9.0.1.0 providing that any dispute arising out of a notified claim of the contractor included in the final bill in accordance with provisions of Clause 6.6.3.0 and any dispute arising out of any claim of the owner against the contractor shall be referred to a Sole Arbitrator selected in accordance with Clause 9.0.1.1, which provides that the contractor shall select the Sole Arbitrator out of a panel of three persons nominated by the owner. 4. 4. Disputes having arisen between the parties with respect to the Final Bill of the Petitioner and other claims, Petitioner sent notice invoking arbitration to IOCL but no response was received. Since Clause 9.0.1.1 envisages appointment of the Sole Arbitrator by the Petitioner from a panel of three persons nominated by IOCL, which will be a unilateral appointment and legally impermissible, Petitioner filed the present petition for appointment of the Arbitrator. ARB.P. 1480/2026 5. This petition has been filed by the Petitioner under Section 11(6) of the 1996 Act seeking appointment of a Sole Arbitrator for adjudication of disputes arising out of a contract ‘Piling and Civil & Structural Works along 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 28/09/2026 at 10:30:41 ARB.P. 1479/2026 and connected matter 3 of 4 with associated area development and enabling works for inter-connection pipe rack (Pkg-1) for capacity expansion (to 9.0 MMTPA) Project of Baruani Refinery of Indian Oil Corporation Limited at Barauni, Bihar’ dated 10.03.2021 [Pkg-1]. The contract contains an arbitration Clause 9.0.1.0 providing that any dispute arising out of a notified claim of the contractor included in the final bill in accordance with provisions of Clause 6.6.3.0 and any dispute arising out of any claim(s) of the owner against the contractor shall be referred to a Sole Arbitrator selected in accordance with Clause 9.0.1.1. 6. Disputes having arisen between the parties concerning the descoping of the work and other issues, parties were in litigation in different forums, including a writ petition filed in this Court for stay of invocation of bank guarantees. In the meantime, Petitioner submitted its Final Bill along with other claims to IOCL on 22.04.2026 and since payments were not made, Petitioner sent notice dated 07.08.2026 invoking arbitration and proposing the name of a nominee Arbitrator stating that in light of the amendment to 1996 Act, Sole Arbitrator cannot be appointed from a panel of three persons nominated by IOCL. There was no response from IOCL and hence, this petition was filed. 7. Learned Senior Counsel appearing on behalf of IOCL in both the petitions, on instructions, submits that there is no objection to the Sole Arbitrator being appointed to adjudicate the disputes between the parties. 8. Accordingly, with the consent of the parties, Justice Virender Singh (Retd.), former Chief Justice of Jharkhand High Court is appointed as the Sole Arbitrator to adjudicate the disputes between the parties arising out of both the contracts albeit these will be considered as two different references. 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 28/09/2026 at 10:30:41 ARB.P. 1479/2026 and connected matter 4 of 4 As agreed between the parties, the learned Arbitrator will be at liberty to fix the fees. 9. Learned Arbitrator shall give disclosure under Section 12 of the 1996 Act before entering upon reference. 10. 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. 11. It will be open to IOCL to file counter claim(s), if any, before the learned Arbitrator. 12. Petitions are disposed of in the aforesaid terms. JYOTI SINGH, J SEPTEMBER 22, 2026/AK 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 28/09/2026 at 10:30:41