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.
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##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.
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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