ARB.P./1433/2026 of M/S NEO DEVELOPERS (P) LTD Vs M/S PIYARE LAL HARI SINGH BUILDERS PVT. LTD. on 14 September 2026

O R D E R

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14.09.2026 I.A. 22145/2026 (Exemption) Allowed, subject to all just exceptions. ARB.P. 1433/2026 & I.A. 22146/2026

1. The present Petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an Arbitrator to adjudicate upon the disputes under a Construction Agreement dated 16.04.2024 (hereinafter referred to as “Agreement”) executed between the Petitioner and the Respondent for execution of construction works of the Commercial Complex situated at Sector-103, Gurugram, Haryana.

2. It is stated that under the Agreement, the Respondent was entrusted with the execution of civil and structural works of the Project upon the terms and conditions mutually agreed between the Parties. It is stated that disputes have arisen between the Parties regarding performance of contractual obligations, execution of works, delay in completion, deployment of manpower and machinery, quality of construction, utilization and adjustment of mobilisation advance, certification and payment of Running Account Bills, reconciliation of construction materials, recoveries, damages, contractual liabilities and other allied claims arising out of the Agreement.

3. Clause 4.25 of the Agreement contains an arbitration clause by which the Parties have decided to get their disputes adjudicated through arbitration.

4. It is stated that a notice under Section 21 of the Arbitration and Conciliation Act, 1996 invoking arbitration was issued by the Respondent to the Petitioner on 24.06.2026. The Petitioner replied to the said notice on 28.06.2026 rejecting all the allegations made by the Respondent, disputing the monetary claims, objecting to the unilateral appointment of the proposed Sole Arbitrator, asserting claims and counter-claims, objecting to the unilateral appointment of the proposed Sole Arbitrator and expressing willingness for appointment of an independent and impartial Sole Arbitrator either by mutual consent or through this Court.

5. Ms. Medhavi Bhatia, learned Counsel, enters appearance on behalf of the Respondent.

6. 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.

7. Accordingly, Mr. Anupam Sharma, Sr. Advocate (Mob: 9810009734) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties.

8. 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.

9. 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.

10. 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.

11. 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.

12. The Petition stands disposed of in the above terms, along with pending application(s), if any. SUBRAMONIUM PRASAD, J SEPTEMBER 14, 2026 S. Zakir