* IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (COMM) 297/2023 M/S S. K. BUILDERS .....Petitioner Through: Mr. Rajshekhar Rao, Sr. Adv.

with Mr. Mayank Sharma, Mr. Anshul Kulshrestha and Mr. Zahid L. Ahmed, Advs.

versus M/S CLS CONSTRUCTION PVT LTD .....Respondent Through: Mr. Kirti Uppal, Sr. Advocate with Mr. Sidharth Chopra, Mr. Harshita Gulati, Ms. Diksha Mathur, Mr. Aditya Raj and Mr. Navneet Thakran, Advocates CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL)

% 08.08.2024

1. Arbitral proceedings between the petitioner and the respondent, before a Sole Arbitrator, culminated in an award dated 18 May 2023. The present petition under Section 34 of the Arbitration and Conciliation Act, 1996, $~52 assails the said award.

2. Mr. Rajshekhar Rao, learned Senior Counsel for the petitioner, submits that the impugned award is a nullity as the arbitrator had been unilaterally appointed by the respondent without the consent of the petitioner. The impugned award, resultantly, stands vitiated ab initio.

1“the1996Act”hereinafter

Signature Not Verified Signature Not Verified

3. The disputes between the parties arose in the context of a Memorandum of Understanding² dated 20 December 2019 be