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2025 Supreme(Online)(Del) 46941

IN THE HIGH COURT OF DELHI AT NEW DELHI
NIMISH ARORA & ANR. VS. SOUTH DELHI MUNICIPAL CORPORATION
W.P.(C) 19378/2025



##PAGE1##

$~42

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 19378/2025 & CM APPL. 80824/2025

SREE VENKATESWWARA ENTERPRISES .....Petitioner

Through: Mr. Rajeev Saxena, Sr. Adv.

with Mr. Tushar Sharma, Mr.

Tarun Verma and Ms. Megha

Saxena, Advs.

M: 7053509293

Email:

adv.tusharoffice@gmail.com

versus

UNION OF INDIA THROUGH MINISTRY OF RAILWAYS &

ANR. .....Respondents

Through: Ms. Radhika Bishwajit Dubey, CGSC

with Ms. Gurleen Kaur, Mr. Vivek

Sharma and Mr. Kritarth Upadhyay,

Advs. for R-1

M: 7011431001

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 22.12.2025

1. The present writ petition has been filed seeking directions to the

respondents, restraining them from taking further action of e-auctioning or

acting upon any fresh tender in respect of the petitioner’s Water Vending

Machines in Clusters 81 (Guntakal Division) and 86 (Danapur Division),

during the subsistence of the petitioner’s License Agreements, and pending

adjudication of the Show Cause Notice dated 06th May, 2025.

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 01:32:40

##PAGE2##

2. There is a further prayer for directions to the respondents, restraining

them from engaging in e-auctioning of the petitioner’s Water Vending

Machines commissioned in the Guntakal Division, along with directions to

put the petitioner back into possession of the same, in the same condition.

3. Learned Senior Counsel appearing for the petitioner points out that

the petitioner had earlier approached this Court in W.P.(C) 15097/2025,

whereby, an order dated 26th September, 2025, was passed by this Court

disposing of the said petition, wherein, the respondents had explicitly

undertaken that no coercive action would be taken, until a final decision was

taken in pursuance of the Show Cause Notice.

4. It is submitted that notwithstanding the said undertaking, the

respondents have initiated fresh re-tendering process, through e-auction for

Clusters 81 and 86, and intend to re-allot the very units, which are subject

matter of the subsisting Licenses. Thus, the present writ petition has been

filed on the ground that the actions of the respondents constitute clear breach

of the assurance recorded before this Court.

5. Learned Senior Counsel appearing for the petitioner submits that the

petitioner has also filed a petition under Section 11 of the Arbitration and

Conciliation Act, 1996, for appointment of an Arbitrator.

6. Having heard learned Senior Counsel appearing for the petitioner, this

Court notes that the petitioner has already invoked the Arbitration Clause,

and has initiated action for appointment of an Arbitrator.

7. This Court also takes note of the fact that a Termination Order dated

10th December, 2025, has already been issued against the petitioner. Though

the petitioner submits that the said Termination Order is bad in law, and that

the various submissions made in the reply to the Show Cause Notice have

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 01:32:40

##PAGE3##

not been considered, however, this Court notes that the same would be

subject matter of the arbitration proceedings.

8. Accordingly, the petitioner is granted liberty to seek his remedies

under the Arbitration and Conciliation Act, 1996.

9. Noting the aforesaid, the present petition, along with the pending

application, is accordinglydisposed of.

MINI PUSHKARNA, J

DECEMBER 22, 2025/KR

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 01:32:40

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