M/S Nirman Encon Projects Private Ltd v. Union of India

O R D E R %

19.08.2026

¶1This petition is filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') for appointment of an arbitrator.

¶2The brief facts are that the petitioner-M/s Nirman Enconprojects Pvt. Ltd. entered into a contract with the respondent-Union of India represented by Chief Engineer (Air Force) WAC, Military Engineer Services, Palam, Delhi for 'Construction of A-1 Type School Building and Staff Quarters at AF Station Chandinagar' in the pursuance of the Letter of Acceptance dated

25.01.2010. Disputes arose between the parties inter alia, the release of the final payment and other claims raised by the petitioner.

2.1 Vide letter dated 29.05.2023, arbitration was invoked at the instance of the petitioner under condition 70 of General Conditions of Contract and sought appointment of a sole arbitrator. The petitioner thereafter by letter This is a digitally signed order. dated 16.05.2025, reiterated the request for appointment of a sole arbitrator. On failure to do the needful, the present petition is filed.

¶3Learned counsel for the respondent on instructions has no objection for referring the matter to arbitration.

¶4Accordingly, the petition is allowed by appointing Justice Ms. Reva Khetrapal (Retd.) (Mobile No.9871300030) as the sole arbitrator for adjudication of the disputes which have arisen between the parties.

¶5The fees of the learned Arbitrator will be governed by Schedule IV of the Act. Before entering upon reference, the learned Arbitrator will comply with Section 12 of the Act.

¶6It is made clear that since this Court has not expressed any opinion on the merits of the rival claims of the parties, it will be open for the parties to file their respective claims/counter claims before the learned Arbitrator which will be considered in accordance with law.

¶7A copy of this order be forwarded to the learned Arbitrator for information.

AVNEESH JHINGAN, J AUGUST 19, 2026 Ch

This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010172602026 + ARB.P. 729/2026 M/S NIRMAN ENCON PROJECTS PRIVATE LTD .....Petitioner Through: Mr. Kunwar Chandresh, Mrs. Poonam Prasad, Mr. Divyansh Singh, Mr. Daleep Kumar Sah, Mr. Raj Tiwari & Mr.George L, Advs. versus UNION OF INDIA .....Respondent Through: Mr. Shaurya R. Rai, SPC. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN