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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 1377/2025

M/S GORKHA SECURITY SERVICES .....Petitioner

Through: Mr Vijay Kinger, Mr. Hemant

Kumar, Mrs Roopa Nagpal and

Mr.Ashwani Gehlot, Advocates

versus

DIRECTORATE OF TRAINING AND TECHNICAL EDUCATION

.....Respondent

Through: Mr. Shivendra Singh, Ms. Prakriti

Rastogi, Ms. Aryama Singh Rajput,

Advocates

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 22.12.2025

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 of the case are that the petitioner is in the business of

providing Security surveillance and manpower services on contract basis.

The respondent invited bids to contract service providers. The petitioner

being the successful bidder entered into a Contract GEMC-

511687716681565 dated 06.10.2020 with the respondent.

3. The General Terms and Conditions of the said Contract contain an

arbitration clause being Clause No. 1.8, which reads as under:

"The provision of DISPUTE RESOLUTION BETWEEN

BUYER & SELLER as given in the GTC shall be applicable

here”.

4. The Special Terms and Conditions also contained arbitartion clause being

Clause No. 16 which reads as under:

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 20/01/2026 at 00:52:15

“....

ARBITRATION: In the event of any question, dispute or

difference arising under the terms and conditions of the

contract placed through GeM, the same shall be referred to

the sole arbitration by an officer nominated as Arbitrator by

the Primary Buyer of the concerned Buyer Organization. It

will be no objection that the arbitrator is a Government

Servant and that he had to deal with the matters to which the

contract relates or that in the course of his duties as a

Government servant he has expressed views on all or any of

the matters in dispute or difference. The award of the

arbitrator shall be final and binding on the parties to the

contract. The arbitration shall be governed as per Indian

Arbitration and Conciliation Act 1996 as amended up to date.

The place for arbitration shall be at the place from where

contract has been placed by the Buyer or at the place of

Primary Buyer as decided by the Primary Buyer.”

5. Since there were disputes between the parties, the petitioner invoked

arbitration vide legal notice dated 26.04.2025.

6. Mr. Shivendra Singh, learned counsel of the respondent, does not dispute

the arbitration clause but states that there were deficiency in the services

and the respondent may have a counter claim.

7. However, I am of the view that is for the Arbitrator to decide the same.

8. The parties state that the matter may be referred to the mediation in the

first instance.

9. With consent of the parties, the matter is referred to Delhi High Court

Mediation and Conciliation Centre.

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 20/01/2026 at 00:52:15

10. Parties are directed to appear before the Delhi High Court Mediation and

Conciliation Centre on 12.01.2026 at 04.30 PM and try to settle the

matter. In case, the matter is not settled, the Arbitrator shall enter

reference after eight weeks from 12.01.2026.

11. For the said reasons, the petition is allowed and the following directions

are issued:-

i) Mr. Varun Gupta, Advocate (Mob. No. 9999015812) is appointed as

a Sole Arbitrator to adjudicate the disputes between the parties.

ii) The arbitration will be held under the aegis and rules of the Delhi

International Arbitration Centre, Delhi High Court, Sher Shah Road,

New Delhi (hereinafter, referred to as the ‘DIAC’).

iii) The remuneration of the learned Arbitrator shall be in terms of DIAC

(Administrative Cost