ARB.P. 86/2026 and connected matter $~47 & 48 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010007562026 + ARB.P. 86/2026 ANEJA CONSTRUCTIONS INDIA PVT LTD .....Petitioner Through: Mr. Sidhant Goel, Ms. Aishna Jain and Ms. Kratvi Kawdia, Advocates. versus NTPC LIMITED .....Respondent Through: Mr. Tarkeshwar Nath, Mr. Harshit Singh, Mr. Anant Dev and Mr. Satyam Roy, Advocates. 48 # CNR No. DLHC010007242026 + ARB.P. 87/2026 ANEJA CONSTRUCTIONS (INDIA) PVT. LTD .....Petitioner Through: Mr. Sidhant Goel, Ms. Aishna Jain and Ms. Kratvi Kawdia, Advocates. versus NTPC LIMITED .....Respondent Through: Mr. Tarkeshwar Nath, Mr. Harshit Singh, Mr. Anant Dev and Mr. Satyam Roy, Advocates. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 25.09.2026 I.A. 870/2026 (Exemption) in ARB.P. 86/2026 I.A. 871/2026 (Exemption) in ARB.P. 87/2026 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 07/10/2026 at 11:56:34 ARB.P. 86/2026 and connected matter 1. Allowed, subject to all just exceptions. 2. Applications stand disposed of. ARB.P. 86/2026 & ARB.P. 87/2026 3. These petitions are filed on behalf of the Petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 (‘1996 Act’) for appointment of an Arbitral Tribunal. 4. ARB.P. 86/2026 relates to disputes arising from Letter of Award dated 29.12.2018 for “Balance Works of Site Levelling & Infrastructure Civil Works Package For Muzaffarpur Thermal Power Project, Stage-II (2 x 195 MW)” and Clause 56 of GCC is the Arbitration Agreement. ARB.P. 87/2026 relates to disputes arising from contract dated 10.08.2020 for “Balance Civil Work of Lagoon-I and Overflow Lagoon of Muzaffarpur Thermal Power Project, Stage-II (2 x 195 MW)” and the Arbitration Agreement is incorporated in Clause 7.3 of GCC. 5. After some hearing, learned counsels for the parties agree that since it is not disputed that parties had agreed to refer any dispute arising from the two contracts for adjudication through arbitration, they may be permitted to appoint their respective nominee arbitrators, who will then appoint the presiding arbitrator. 6. Scope of jurisdiction of referral court under Section 11 (6-A) of 1996 Act is confined to determination of existence of the arbitration agreement between the parties. Parties are ad idem that both contracts contain an arbitration clause and therefore there is no impediment in appointing the arbitrator. In light of the submissions made by learned counsels and with their consent, this petition is allowed directing the parties to nominate their respective arbitrators within a period of three weeks from today and the 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 07/10/2026 at 11:56:34 ARB.P. 86/2026 and connected matter nominee arbitrators shall appoint the third and presiding arbitrator. The Arbitral Tribunal so constituted will adjudicate disputes arising in both the petitions pertaining to the two contracts respectively, but this will be treated as two separate references. Arbitral proceedings will be held under the aegis of Delhi International Arbitration Centre (‘DIAC’). Fee of the Arbitrators shall be fixed as per fee schedule under DIAC (Administrative Cost & Arbitrators’ Fees) Rules 2018. 7. Learned members of the three-member Arbitral Tribunal shall give disclosures under Section 12 of the 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. Petitions are disposed of in the aforesaid terms. JYOTI SINGH, J SEPTEMBER 25, 2026/YA 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 07/10/2026 at 11:56:34