Delhi High Court

ARB.P./1579/2026 of M/S R.K. JAIN AND SONS HOSPITALITY SERVICES PRIVATE LIMITED Vs NEW DELHI MUNICIPAL COUNCIL on 7 September 2026

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HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010416702026 + ARB.P. 1579/2026 M/S R.K. JAIN AND SONS HOSPITALITY SERVICES PRIVATE LIMITED .....Petitioner Through: Mr. Mayank Jain and Ms. Dimple Khandelwal, Advocates versus NEW DELHI MUNICIPAL COUNCIL .....Respondent Through: Mr. Sukrit Seth,

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IN THE HIGH COURT OF DELHI AT NEW DELHI

#

CNR No. DLHC010416702026

+

ARB.P. 1579/2026

M/S R.K. JAIN AND SONS HOSPITALITY SERVICES PRIVATE

LIMITED

.....Petitioner

Through:

Mr. Mayank Jain and Ms. Dimple

Khandelwal, Advocates

versus

NEW DELHI MUNICIPAL COUNCIL

.....Respondent

Through:

Mr. Sukrit Seth, Addl. Standing

Counsel, for Respondent, NDMC.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R

% 07.09.2026 I.A. 24343/2026 (Exemption) Allowed, subject to all just exceptions. ARB.P. 1579/2026

1. The present Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as “the Act”) seeking appointment of an Arbitrator to adjudicate upon the disputes which have arisen between the parties under the Pre-Contract Integrity Agreement dated 10.05.2016 (hereinafter referred to as “Agreement”).

2. The facts of the case reveal that under the Agreement, the Petitioner was awarded the work of “Operation and Maintenance of various toilets in Connaught Place area under CP Division during 2015-16 SH. Operation and

Maintenance of 19 Nos. toilet blocks in Connaught Place area for the period of six months”. It is stated that the date of commencement of work was stipulated to be 26.04.2016 and the date of completion of work was stipulated to be 15.10.2016. It is further stated that the estimated cost of work was Rs.60,70,698/- and the tendered amount of work was Rs.51,84,729/- under the Agreement.

3. It is also stated that the Petitioner commenced the work on 16.04.2016 and completed the work on 28.02.2017 to the complete satisfaction of the Respondent as per the terms and conditions under the Agreement. Thereafter, the Respondent issued a Completion Certification dated 28.02.2017 stating that the work had been completed to the Respondent’s full satisfaction. Consequently, the Petitioner submitted the Final Bill dated 23.10.2017 for the payment of Final Bill amounting to Rs.10,83,627/- which was accepted by the Respondent.

4. Disputes arose between the parties regarding clearing of outstanding amounts by the Respondent as well as arbitrary deductions.

5. It is stated by the learned Counsel for the Petitioner that despite several communication, the Respondent have failed to comply with the obligations made under the Agreement and according to the Petitioner, a sum of Rs.14,29,328/- is due and payable by the Respondent to the Petitioner.

6. Material on record indicates that Clause 25 of the Agreement contains an arbitration clause, by which the parties have agreed to get their disputes adjudicated through arbitration. Perusal of Clause 25 of the Agreement stipulates that the seat of the arbitration shall be Delhi. As such, this Court has jurisdiction to decide the present Petition.

7. Material on record further indicates that a Notice dated 01.05.2025 for invoking Arbitration clause under Section 21 of the Act was sent to the Respondent, which has not been replied to by the Respondent and therefore, the Petitioner has approached this Court seeking appointment of an Arbitrator to adjudicate upon the disputes that have arisen between the Parties.

8. Issue notice.

9. Mr. Sukrit Seth, learned Counsel, accepts notice on behalf of the Respondents.

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

11. Accordingly, Ms. Benazir Akhtar Malik, Advocate (Mob: 9654748032) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties.

12. 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.

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

14. 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.

15. Needless to say, nothing in this order shall be construed as an expression on the merits.

16. The present petition stands disposed of in the above terms along with pending application(s), if any. SUBRAMONIUM PRASAD, J SEPTEMBER 7, 2026 Prateek

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