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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 1828/2025

SATYA RAM .....Petitioner

Through: Mr. Mihir Garg, Ms. Rashi Jain,

Advocates.

versus

DELHI TOURISM AND TRANSPORT DEVELOPMENT

CORPORATION LTD & ANR. .....Respondents

Through: Mr. Gyanendra Kumar, Advocate

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 arising out of

2. The brief facts of the case are that respondent floated a tender for

creating of record room in office complex in District Magistrate at Jam

Nagar House, New Delhi. The petitioner being a successful bidder was

awarded the said work vide letter bearing Np.

DTTDC/Engg./1(196)/EE(SP)/357.

3. The arbitration clause is Clause No. 25 of General Conditions of

Contract which reads as under:

“....

(ii) Except where the decision has become final, binding and

conclusive in terms of Sub Para (i) above, disputes or

difference shall be referred for adjudication through

arbitration by a sole arbitrator appointed by the Chief

This is a digitally signed order.

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Engineer, CPWD, in charge of the work or if there be no

Chief Engineer; the Additional Director General of the

concerned region of CPWD or if there be no Additional

Director General, the Director General, CPWD. If the

arbitrator so appointed is unable or unwilling to act or

resigns his appointment or vacates his office due to any

reason whatsoever, another sole arbitrator shall be

appointed in the manner aforesaid. Such person shall be

entitled to proceed with the reference from the stage at

which it was left by his predecessor. It is a term of this

contract that the party invoking arbitration shall give a list

of disputes with amounts claimed in respect of each such

dispute along with the notice for appointment of arbitrator

and giving reference to the rejection by the Chief Engineer

of the appeal. 1t is also a term of this contract that no

person, other than a person appointed by such Chief

Engineer CPWD or Additional Director General or Special

Director General, CPWD, as aforesaid, should act as

arbitrator and if for any reason that is not possible, the

matter shall not be referred to arbitration at all. 19 20 It is

also a term of this contract that if the contractor does not

make any demand for appointment of arbitrator in respect

of any claims in writing as aforesaid within 120 days of

receiving the intimation from the Engineer-in-charge that

the final bill is ready for payment, the claim of the

contractor shall be deemed to have been waived and

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 00:52:40

absolutely barred and the Government shall be discharged

and released of all liabilities under the contract in respect

of these claims. The arbitration shall be conducted in

accordance with the provisions of the Arbitration and

Conciliation Act, 1996 (26 of 1996) or any statutory

modifications or re-enactment thereof and the rules made

thereunder and for the time being in force shall apply to the

arbitration proceeding under this clause. It is also a term of

this contract that the arbitrator shall adjudicate on only

such disputes as are referred to him by the appointing

authority and give separate award against each dispute and

claim referred to him and in all cases where the total

amount of the claims by any party exceeds Rs. 1,00,000/-,

the arbitrator shall give reasons for the award. It is also a

term of the contract that if any fees are payable to the

arbitrator, these shall be paid equally by both the parties.”

4. Since there were disputes between th