Krishna Electrical Works v. Government of Delhi

O R D E R

¶1The present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'A&C Act') seeks appointment of a Sole Arbitrator to adjudicate the disputes between the parties.

¶2The disputes between the parties have arisen in the background of a Notice Inviting Tender (NIT) dated 23.02.2019, relating to "Construction of Sump well and Pump House at Escape Drain No. Near RD400m".

¶3A bid was submitted by the petitioner, in response to which, a letter of acceptance bearing reference no. EE/MD-II/Acs/W-06/2018-19/1536, dated

08.03.2019, was issued in favour of the petitioner.

¶4Disputes between the parties have arisen on account of alleged non-payment of the final bill raised by the petitioner.

¶5Clause 25 of the General Conditions of Contract (GCC) (as amended by O.M. dated 04.09.2017, issued by the authority of Director General, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. CPWD), incorporates the arbitration agreement, and the same reads as under:-

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶6Disputes having arisen, the petitioner issued a notice invoking arbitration dated 07.03.2026. The same however, elicited no response. Hence, the present petition.

¶7In terms of the judgment of the Supreme Court in Perkins Eastman The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. Architects DPC v. HSCC (India) Ltd, (2020) 20 SCC 760, TRF Limited v. Energo Engineering Projects Ltd, (2017) 8 SCC 377, Bharat Broadband Network Limited v. United Telecoms Limited., 2019 SCC OnLine SC 547, SBI General Insurance Co. Ltd. v. Krish Spinning, 2024 INSC 532, and Interplay between Arbitration Agreements under the Arbitration & Conciliation Act, 1996 & the Indian Stamp Act, 1899, In re,2023 SCC OnLine SC 1666, there is no impediment in constituting an arbitral tribunal to adjudicate the disputes between the parties.

¶8Respective counsel for the parties also accede that an independent sole Arbitrator be appointed to adjudicate the disputes between the parties.

¶9Accordingly, at jointly prayed, Mr. Shantanu Sharma, Advocate (Mob. No. +91 9755922222) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties.

¶10The respondent shall be at liberty to raise preliminary objections as regards arbitrability/jurisdiction, if any, which shall be decided by the Sole Arbitrator in accordance with law.

¶11The learned Sole Arbitrator may proceed with the arbitration proceedings subject to furnishing to the parties requisite disclosure as required under Section 12 of the A&C Act.

¶12Let arbitration take place under the aegis of and as per the Rules of the Delhi International Arbitration Centre (DIAC).

¶13All rights and contentions of the parties in relation to the claims/counter claims are kept open, to be decided by the learned Sole Arbitrator on merits, in accordance with law.

¶14Needless to say, nothing in this order shall be construed as an expression of opinion of this Court on the merits of the case. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶15The present petition stands disposed of in the above terms.

SACHIN DATTA, J AUGUST 18, 2026/ss

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No.DLHC010228952026 + ARB.P. 915/2026 KRISHNA ELECTRICAL WORKS .....Petitioner Through: Mr. Gaurav Kumar Singh, Advocate (through VC). versus GOVERNMENT OF DELHI .....Respondent Through: Mr. Dinesh Malik, Panel Counsel for along with Mr. Mukesh Kumar and Mr. Dharam Singh, JEs for Govt. of NCT of Delhi. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA % 18.08.2026