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$~18

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 2021/2025

SH VIRENDER SINGH KHATRI .....Petitioner

Through: Mr. Avinash Trivedi and Mr Rahul

Aggarwal, Advs.

versus

GOVT OF NCT OF DELHI I AND FC DEPARTMENT

.....Respondent

Through: Mr Abhinav Sharma, Mr Shubham

Advs.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 23.12.2025

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 respondent awarded the petitioner the work

of “Construction of Roads/Galies and culvert in D & E Block in J.J.

Colony in Bawana Assembly Constituency” vide Letter of Acceptance

dated 21.04.2016. Thereafter, the respondent issued the Letter of

Commencement of work dated 06.05.2016. Pursuant to which the

parties entered into an Agreement dated 06.05.2016.

3. Later, the respondent awarded the work of “ Improvement of road

from Lal Ghar to Police Booth road in J.J. Colony in Bawana

Assembly Constituency ” vide Letter of Acceptance dated 09.05.2016.

Thereafter, the respondent had issued the Letter of Commencement of

work dated 20.05.2016. Pursuant to which the parties entered into an

Agreement dated 09.05.2016.

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

This is a digitally signed order.

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25 of the GCC, which reads as under:-

“CLAUSE 25

Settlement of Disputes & Arbitration

Except where otherwise provided in the contract, all questions

and disputes relating to the meaning of the specifications,

design, drawings and instructions here-in before mentioned

and as to the quality of workmanship or materials used on 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 these conditions 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:

(i)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 on any matter in connection with or arising out of

the contract or carrying out of the work, to be unacceptable,

he shall promptly within 15 days request the Superintending

Engineer in writing for written instruction or decision.

Thereupon, the Superintending Engineer shall give his written

instructions or decision within a period of one month from the

receipt of the contractor's letter.

If the Superintending Engineer fails to give his Instructions or

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 19/01/2026 at 21:56:47

decision in writing within the aforesaid period or if the

contractor is dissatisfied with the instructions or decision of

the Superintending Engineer, the contractor may, within 15

days of the receipt of Superintending Engineer's decision,

appeal to the Chief Engineer who shall afford an opportunity

to the contractor to be heard, if the latter so desires, and to

offer evidence in support of his appeal. The Chief Engineer

shall give his decision within 30 days of receipt of contractor's

appeal. If the contractor is dissatisfied with the decision of the

Chief Engineer, the contractor may within 30 days from the

receipt of the Chief Engineer decision, appeal before the

Dispute Redressal Committee (DRC) along with a list of

disputes with amounts claimed in respect of each such dispute

and giving referen