$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1913/2025 RADHEY SHYAM SHARMA PROPRIETOR OF M/S R S CONSTRUCTION COMPANY .....Petitioner Through: Mr. Rohan Taneja, Mr. Raghav Kalra and Mr. Animesh Dubey, Advs.

versus GOVERNMENT OF NCT OF DELHI .....Respondent Through: Ms. Nitika Bhutani, Adv. for GNCTD.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 23.01.2026

1. By way of this petition under Section 11 of the Arbitration and Conciliation Act, 1996 (in short, ‘Act’), the petitioner seeks appointment of an Arbitrator to adjudicate disputes between the parties under the Agreement dated 10.07.2019.

2. The parties are ad idem that the clause 25 of the GCC contains arbitration clause. The said arbitration clause reads as under:

“CLAUSE 25 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 or if the Engineer in Charge considers any act or decision of the contractor on any matter in connection with or arising out of the contract or carrying out of the work, to be unacceptable and is disputed, such party shall promptly within 15 days of the arising of the disputes request the Chief Engineer or where there is no Chief Engineer, the Additional Director General (CE/ADG) who shall refer the disputes to Dispute Redressal Committee (DRC) within 15 days along with a list of disputes with amounts claimed if any in respect of each such dispute. The Dispute Redressal Committee (DRC) shall give opposing party two weeks for a written response, and, give its decision within a period of 60 days extendable by 30 days by consent of both the parties from the receipt of reference from CE/ADG. The constitution of Dispute Redressal Committee (DRC) shall be as indicated in Schedule „F‟. Provided that no party shall be represented before the Dispute Redressal Committee by an advocate/legal counsel etc.

If the Dispute Redressal Committee (DRC) or expiry of time limit given above, then either party may within a period of 30 days from the receipt of the decision of Dispute Redressal Committee (DRC), give notice to the Chief 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 (CE/ADG/DG) for appointment of arbitrator on prescribed proforma as per Appendix XV under intimation to the other party.

It is a ... invoking arbitration.

The CE/ADG/DG shall in such case appoint the sole arbitrator or one of the three arbitrators as the case may be within 30 days of receipt of such a request and refer such disputes to arbitration. Wherever the Arbitral Tribunal consists of three Arbitrators, the contractors shall appoint one arbitrator within 30 days of making request for arbitration within 30 days of making request for arbitration or of receipt of request by Engineer-in-charge of CE/ADG/DG for appointment of arbitrator, as the case may be, and two appointed arbitrators shall appoint the third arbitrator who shall act as the Presiding Arbitrator. In the event of a. A party fails to appoint the second Arbitrator, or b. The two appointed Arbitrators fail to appoint the Presiding