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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 2009/2025

M/S MIA CONSTRUCTION PVT LTD .....Petitioner

Through: Mr Avinash Trivedi and Mr Rahul

Aggarwal, Advs.

versus

PUBLIC WORKS DEPARTMENT GOVT OF NCT OF DELHI

.....Respondent

Through: Mr. Nitin Kumar, PC with Mr.

Deepak Gautam, AE

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 24.12.2025

1. This is a petition filed under Section 11(6) of the Arbitration and

Conciliation Act, 1996 seeking appointment of an Arbitrator for

adjudication of disputes between the parties.

2. The brief facts are that the petitioner participated in the percentage

rate tender for the work of “Strengthening of roads from (i) Ramdev

Chowk Narela to Singhu Border, NH-44, (ii) Ramdev Chowk Narela

to Piao Maniyari Border, (iii) Y-Section Railway Crossing to CRPF

Camp, under Sub-Division NR-13, PWD Division North Roads,

Delhi” and was declared as the successful bidder.

3. Subsequently, the respondent department issued an Acceptance Letter

dated 28.06.2023 in favour of the petitioner. Later, the parties entered

into an Agreement for execution of the work.

4. The said Agreement contains an arbitration clause being Clause No.

25 of the General Conditions of Contract (“GCC”), which reads as

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under:-

“CLAUSE 25

Settlement of Disputes by Conciliation and Arbitration

Except where otherwise provided in the contract, all questions

and disputes relating to the meaning of the specifications,

designs, drawings and instructions here-in before mentioned

and as to the quality of workmanship or materials used in the

work or as to any other question, claim, right, matter or thing

whatsoever in any way arising out of or relating to the

contract, designs, drawings, specifications, estimates,

instructions, orders or otherwise concerning the works or the

execution or failure to execute the same whether arising

during the progress of the work or after the cancellation,

termination, completion or abandonment thereof shall be dealt

with as mentioned hereinafter:

25.1 Conciliation: If the contractor considers any work

demanded of him to be outside the requirements of the

contract, or disputes any drawings, record or decision given in

writing by the Engineer-in-Charge or if the Engineer-in-

Charge considers any act or decision of the contractor on any

matter in connection with or arising out of the contract or

carrying out of the work to be unacceptable and is disputed;

such party may promptly refer such disputes and amount

claimed for each dispute to the Conciliator (Special Director

General or the Additional Director General concerned with

the work, as applicable) in the proforma prescribed in

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Appendix XVII mentioned in Schedule F, under intimation to

the other party. The Conciliator may then request each party

to submit to him a brief written statement describing the

disputes and the points at issue. Each party shall send a copy

of such statement to the other party. At any stage of the

conciliation proceedings, the Conciliator may request a party

to submit to him such additional information as he deems

appropriate. When it appears to the Conciliator that there

exist elements of a settlement which may be acceptable to the

parties, he shall formulate the terms of a possible settlement

and submit them to the parties for their observations. After

receiving the observations of the parties, he may reformulate

the terms of a possible settlement in the light of such

observations. If the parties reach agreement on a settlement of

the disputes, they may draw up and sign a written settlement

agreement on non-judicial stamp paper