Delhi High Court

ARB.P./1673/2026 of M/S SN MALHOTRA AND SONS Vs GOVT. OF NCT DELHI on 18 September 2026

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HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010443972026 + ARB.P. 1673/2026 M/S SN MALHOTRA AND SONS .....Petitioner Through: Ms. Kanika Singh, Ms. Radhika Jindal, Mr. Saurav Deep, Advs. versus GOVT. OF NCT DELHI .....Respondent Through: Mr. Raghvendra Upadhyay, Counsel, GNCTD, Mrs. Purnima

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IN THE HIGH COURT OF DELHI AT NEW DELHI

CNR No. DLHC010443972026

+

ARB.P. 1673/2026

M/S SN MALHOTRA AND SONS

.....Petitioner

Through:

Ms. Kanika Singh, Ms. Radhika

Jindal, Mr. Saurav Deep, Advs.

versus

GOVT. OF NCT DELHI

.....Respondent

Through:

Mr. Raghvendra Upadhyay, Counsel,

GNCTD, Mrs. Purnima Jain, Mr.

Kshitij, Mr. Madhur, Mr. Yash Singh,

Advs.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R

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18.09.2026 I.A. 25658/2026 (Exemption) Allowed, subject to all just exceptions. ARB.P. 1673/2026

1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 by the Petitioner seeking appointment of an Arbitrator to adjudicate upon the disputes between the parties under a Contract Agreement dated 06.07.2017 (hereinafter referred to as the “Agreement”).

2. The facts of the case reveal that the Petitioner was awarded a contract vide Letter of Acceptance dated 06.07.2017 for construction of double storey Jat Chaupal at village Nangloi Jat in Disst, West.

3. It is the case of the Petitioner that the Respondent has failed to comply with the obligations and an amount of Rs.31,22,474/- is due and payable by the Respondent to the Petitioner.

4. Disputes have arisen between the parties regarding repayment of the outstanding amounts.

5. It is stated that Clause 25 of the Agreement contains an arbitration clause. The said clause specifically states that the place of the arbitration shall be at Delhi and therefore, this Court has the jurisdiction to entertain the present Petition.

6. Since the disputes arose between the parties, a notice under Section 21 of the Arbitration and Conciliation Act, 1996 invoking arbitration was sent to the Respondent on 18.05.2026. The said Notice has not been replied to by the Respondent and therefore, the Petitioner has approached this Court by filing the present Petition.

7. Issue notice.

8. Mr. Raghvendra Upadhyay, learned Counsel, accepts notice on behalf of the Respondent.

9. In view of the fact that disputes have arisen between the parties and the Agreement contains an arbitration clause, this Court is inclined to appoint an Arbitrator to adjudicate upon the disputes between the parties.

10. Accordingly, Ms. Mehak Nakar, Advocate (Mob. No: 9871144582) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties.

11. The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and would abide by its rules and regulations. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.

12. The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the 1996 Act within two weeks of entering on reference.

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

14. Needless to say, nothing in this order shall be construed as an expression of this Court on the merits of the contentions of the parties.

15. The Petition stands disposed of in the above terms, along with pending application(s), if any. SUBRAMONIUM PRASAD, J SEPTEMBER 18, 2026 Prateek

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