Delhi High Court

ARB.P./1226/2026 of GENERAL MANAGER NORTHERN RAILWAY & ORS. Vs SHRI AJAY KUMAR GUPTA on 5 November 2026

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IN THE HIGH COURT OF DELHI AT NEW DELHI

CNR No. DLHC010327672026

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ARB.P. 1226/2026

GENERAL MANAGER NORTHERN RAILWAY & ORS.

.....Petitioners

Through:

Mr. Syed Abdul Haseeb CGSC

with Mr. Muhammad Aamir

Khan

and

Ms.

Amama

Waseem, Advs.

versus

SHRI AJAY KUMAR GUPTA

.....Respondent

Through:

Mr. Anupam Dwivedi, Advs.

CORAM:

HON'BLE MR. JUSTICE OM PRAKASH SHUKLA

JUDGMENT(ORAL)

%

05.11.2026

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1. Mr. Anupam Dwivedi, learned Counsel has put in appearance on behalf of the Respondent and submits that he has no objection for appointment of arbitrator.

2. Petitioner claims an amount of approximately Rs.21 lacs.

3. It is well settled that, while exercising jurisdiction under Section 11 of the Act, the scope of enquiry is confined to examining the prima facie existence of an arbitration agreement.

4. In the present case, there is no dispute with regard to the existence of a valid arbitration clause between the parties.

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5. Further, the parties are ad idem with respect to the reference of the disputes to arbitration. In the aforesaid circumstances, this Court finds no impediment in appointing a Sole Arbitrator.

6. Accordingly, Mr. Vishal Singhal, Advocate, Mob No. 9131264764 is appointed as a learned Sole Arbitrator to adjudicate the disputes arisen between the parties. The learned Sole Arbitrator shall enter upon the reference within three weeks from today.

7. The learned Sole Arbitrator will proceed to the arbitration proceedings subject to furnishing requisite disclosures as required under Section 12(2) of the Act within three weeks of entering reference.

8. The arbitration shall be carried under the rules and aegis of Delhi International Arbitration Centre (“DIAC”). The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.

9. It shall be open to the parties to raise all pleas, including, before the learned Sole Arbitrator including with respect to the impleadment of parties, objection as to arbitrability and jurisdiction before the learned Sole Arbitrator, who shall consider the same in accordance with law.

10. It is clarified that the observations made herein are only for the

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purpose of deciding the present petition under Section 11(6) of the Act. The learned Sole Arbitrator shall adjudicate the disputes independently and on their own merits, uninfluenced by any observations contained in the present order.

11. The Registry is directed to send a receipt of this order to Mr. Vishal Singhal, learned Arbitrator through all permissible modes including email.

12. Accordingly, the present petition is disposed of in the above terms.

OM PRAKASH SHUKLA, J NOVEMBER 5, 2026/at

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