ARB.P. 961/2026 $~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010242692026 + ARB.P. 961/2026 FLOWMORE LIMITED .....Petitioner Through: Ms. Khushboo Hora and Ms. Pratishtha Vij, Advocates. versus NTPC BHEL POWER PROJECTS PRIVATE LIMITED .....Respondent Through: Mr. Anil Kumar, Advocate. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 24.09.2026 I.A. 14948/2026 (Exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. ARB.P. 961/2026 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 a Sole Arbitrator. 4. The disputes, which are the subject matter of this petition, arise from a Purchase Order bearing PO No.41042, Work Order bearing WO No.41043, both dated 24.01.2015 as also Contract Agreement dated 07.07.2015 as amended on 13.07.2016. Disputes having arisen, Petitioner sent notice invoking arbitration dated 28.01.2026 in light of arbitration Clause Article 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 10:47:45 ARB.P. 961/2026 34.3 but the Respondent failed to concur in the appointment of an independent Arbitrator and hence, this petition was filed. 5. Learned counsel appearing on behalf of the Respondent, on instructions, fairly and candidly does not dispute the existence of the arbitration agreement incorporated in Clause 34.4 in Contract Agreement dated 07.07.2015 as also in the amended Contract Agreement dated 13.07.2016. Learned counsel for Petitioner, however, submits that the arbitration agreement provides for appointment of a Sole Arbitrator by General Manager of the Respondent, which would amount to unilateral appointment and will be in the teeth of the judgment of the Supreme Court in Perkins Eastman Architects DPC and Another v. HSCC (India) Limited, (2020) 20 SCC 760, and therefore, this Court may appoint an independent Sole Arbitrator. 6. There is no dispute between the parties on the existence of arbitration agreement, incorporated in Clause 34.4 of the Contract Agreement dated 07.07.2015 as also in the amended Contract Agreement dated 13.07.2016. However, learned counsel for the Petitioner is right in his submission that appointment of the Arbitrator by the General Manager of the Respondent will be a unilateral appointment which is untenable in law in light of the judgment of the Supreme Court in Perkins (Supra) and Central Organisation for Railway Electrification v. ECI-SPIC-SMO-MCML (JV) a Joint Venture Company, 2024 SCC OnLine SC 3219. Clearly, General Manager of the Respondent is denuded of his power to appoint the Arbitrator. 7. Accordingly, this petition is allowed appointing Mr. Pawan Kumar Jain, retired Principal District and Sessions Judge (Mobile No.9910384744) 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 10:47:45 ARB.P. 961/2026 as the Sole Arbitrator to adjudicate the disputes between the parties. 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 under DIAC (Administrative Cost & Arbitrators’ Fees) Rules, 2018. 8. Learned Arbitrator shall give disclosure under Section 12 of the 1996 Act before entering upon reference. 9. 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. 10. It will be open to the Respondent to file a counter claim, if any. 11. Petition is disposed of in the aforesaid terms. JYOTI SINGH, J SEPTEMBER 24, 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 10:47:45