Delhi High Court
ARB.P./1448/2026 of HULE CONSTRUCTION PVT LTD Vs NATIONAL HIGHWAY AUTHORITY OF INDIA AND OTHERS on 18 September 2026
HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010381302026 + ARB.P. 1448/2026 & I.A. 22241/2026 HULE CONSTRUCTION PVT LTD .....Petitioner Through: Mr. J. N. Singh, Ms. Sadhna Singh, Mr. Meghraj Singh, Mr. Shashank Shekhar, Advocates. versus NATIONAL HIGHWAY AUTHORITY OF INDIA AND OTHERS
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IN THE HIGH COURT OF DELHI AT NEW DELHI
CNR No. DLHC010381302026
+
ARB.P. 1448/2026 & I.A. 22241/2026
HULE CONSTRUCTION PVT LTD
.....Petitioner
Through:
Mr. J. N. Singh, Ms. Sadhna Singh,
Mr. Meghraj Singh, Mr. Shashank
Shekhar, Advocates.
versus
NATIONAL HIGHWAY AUTHORITY OF INDIA AND OTHERS
.....Respondents
Through:
Ms. Srishti Bajpai, Advocate.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
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O R D E R
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18.09.2026
1. The present Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an Arbitrator to adjudicate upon the disputes under a tender for the work of “Engagement of User fee collection agency on the basis of competitive bidding through e-tender for Jhalmala Fee Plaza at KM 270.045 from Masaniakala to Rengapali village/Odisha Border Section of NH-49 from Km upkeep/maintenance of adjacent Toilet blocks including recouping the consumable items in the State of Chhattisgarh” awarded to the Petitioner by the Respondents.
2. It is stated that pursuant to the acceptance of the tender and payment of Performance security, an Agreement dated 09.12.2024 was executed between the Petitioner and the Respondents. It is stated that disputes have arisen between the Parties under the said Agreement.
3. Clause 27 of the Agreement contains an arbitration clause by which the Parties have decided to get their disputes adjudicated through arbitration and the said Clause states that the place of arbitration shall be Delhi.
4. Since disputes have arisen between the Parties, a notice under Section 21 of the Arbitration and Conciliation Act, 1996 invoking arbitration was issued by the Petitioner to the Respondents on 04.06.2026. The said notice has not been replied to by the Respondent.
5. Notice in the instant Petition was issued on 18.08.2026.
6. Ms. Srishti Bajpai, learned Counsel, enters appearance on behalf of the Respondent and states that she has no objection to the appointment of the arbitrator.
7. 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.
8. Accordingly, Mr. Vijay Nair, Advocate (Mob: 9910996101) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties.
9. 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.
10. The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the Act within two weeks of entering on reference.
11. 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.
12. 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.
13. The Petition stands disposed of in the above terms, along with pending application(s), if any. SUBRAMONIUM PRASAD, J SEPTEMBER 18, 2026 S. Zakir