JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral)

1. This petition filed under Article 227 of the Constitution of India impugns the order dated 12.05.2023 passed by the learned Sole Arbitrator in arbitration proceedings titled as M/s Radhey Enterprises v. Delhi Metro Rail Corporation Ltd., dismissing the application filed by the Petitioner.

1.1. The Petitioner had filed an application on 18.08.2022 for declaring the contract dated 21.10.2013 executed between the parties to be void-ab-initio for not being in conformity with Article 299 of the Constitution of India; and further seeking stay of the Arbitral proceedings in Arbitration Petition No.415/2014.

2. The learned sole Arbitrator vide impugned order dated 12.05.2023 has dismissed the said application with costs of Rs. 10,000/-.

2.1. The learned sole Arbitrator while dismissing the said application has given the following key findings, relevant for this petition:

a. Issue 1: Whether the Respondent company is a `state' within the meaning of Article 12 of the Constitution of India?

Finding: The certificate of incorporation of the Respondent Company evidences that it was registered under the Companies Act, 1956. It was a joint venture o