* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 13^th JANUARY, 2026

IN THE MATTER OF:

+ ARB.P. 1897/2025

M/S THEME ENGINEERING SERVICES PVT. LTD. .....Petitioner

Through: Ms. Nandadevi Deka, Mr. Arunabha

Ganguli, Mr. Shashwat Pratyush, Ms. Shubhra Sharma and Mr.Sourav

Sharma, Advs.

versus

NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Respondent

Through: Mr. Santosh Kumar, SC with Mr.

Ritik Dwivedi, Mr. Adithya Ramani and Mr. Devansh Malhotra, Advs. for

R-1.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

JUDGMENT

1. This Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator to adjudicate upon the disputes which have arisen between the parties under the

Consultancy Contract Agreement dated 24.09.2019.

2. It is stated that under the said Agreement, the Petitioner herein was to provide Supervision Consultancy Services for construction supervision of Balance work of 4-laning of Ranchi-Rargaon-Mahulia section from KM 114.000 to km 277.500 of NH-33 in the State of Jharkhand. It is stated that disputes arose between the parties and the Respondent issued Order dated 17.12.2020 debarring the Petitioner for a period of two years. It is stated that

the debarment Order was challenged by the Petitioner herein by filing W.P.(C) 1173/2021 before this Court. It is stated that this Court vide Order dated 23.05.2023 quashed the debarment Order. The said Order was challenged by the Respondent by filing SLP (C) No. 4741/2021, before the Apex Court. The said SLP was dismissed by the Apex Court vide Order dated 24.03.2021.

3. It is pertinent to mention that the General Conditions of Contract (GCC) Agreement dated 24.09.2019 contains a dispute resolution clause and the same reads as under:

“8. Settlement of Disputes

8.1 Amicable Settlement The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Contract or the interpretation thereof.

8.2 Dispute Settlement Any dispute between the Parties as to matters arising pursuant to this Contract which cannot be settled amicably within thirty (30) days after receipt by one Party of the other Party's request for such amicable settlement may be submitted by either Party for settlement in accordance with the provisions specified in the SCC.”

4. Clause 8.2 of the Special Conditions of Contract (SCC) provides for adjudication of disputes by way of arbitration and the same reads as under:

“8.2 Disputes shall be settled by arbitration in accordance with the following provisions:

8.2.1 Selection of Arbitrators Each dispute submitted by a Party to Arbitration shall be heard by a sole arbitrator. NHAI shall within 30 days propose names of five (5) Arbitrators from the list of Arbitrators maintained by SAROD (Society for Affordable Redressal of Disputes) and Consultant shall within 30 days select one name from the list of five and the name so selected by the Consultant shall be the Sole Arbitrator for the matter in dispute. In case NHAI delays in providing the list of 5 names, President, SAROD will provide 5 names within 30 days of receipt of reference from aggrieved party in this regard. In case the Consultant falls in selecting one from the list of five, President, SAROD shall select one from the list of five provided by NHAl within 30 days of receipt of reference from aggrieved party in this regard.

8.2.2 Rules of Procedure Arbitration proceedings shall be conducted in accordance with the procedures of the Arbitration and Conciliation (Amendment) Act, 2015 of India unless the Consultant is a foreign national/ firm, where arbitration proceedings shall be conducted in accordance with the rules of procedure of arbitration of the United Nations Commission on International Trade Law (UNCITRAL) as in force on the date of this Contract

8.2.3 Substitute Arbitrator If for any reason an arbitrator is unable to perform his function, a substitute shall be appointed in the same manner as the original arbitrator, 8.2.4 Qual