IN THE HIGH COURT OF DELHI AT NEW DELHI
M/S SHIVA BUILDTECH PVT LTD-HAIDARY CONSTRUCTION PVT LTD (JV) VS. NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD
ARB.P. 1896/2025
##PAGE1##
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 1896/2025
SANJEEV KUMAR
.....Petitioner
Through: Adv. Ayushma Awasthi, Adv.
Akshay Goel, Adv. Binwant Singh
versus
M/S BETTER COTTON INITIATIVE
.....Respondent
Through: Mr. Akash Deep Gupta, Mr. Kushal
Kumar, Advs.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
O R D E R
% 19.12.2025
1. This is a petition filed under Section 11(6) of the Arbitration and
Conciliation Act, 1996 (“the Act”) seeking appointment of an
Arbitrator for adjudication of disputes between the parties.
2. The brief facts of the case are that petitioner applied for the position
finance and operation manager and was appointed at the said position
with the respondent. In the furtherance of the same an Employment
Agreement dated 01.12.2022 was executed between the parties.
3. The said Agreement contained an arbitration clause being Clause No.
16.11 which reads as under:
“16.11. Dispute Resolution
Any dispute, controversy or claim arising out of, relating to,
or in connection with this Agreement, or the breach,
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 06/02/2026 at 12:36:28
##PAGE2##termination or validity hereof, shall be finally settled
exclusively by arbitration in India in accordance with the
Indian Arbitration and Conciliation Act, 1996. The arbitral
panel shall consist of a sole arbitrator to be appointed by
the Organization. The arbitral award shall be final and
binding on the parties. The venue of the arbitration shall be
New Delhi. The language of the arbitration shall be
English.”
4. Since there were disputes between the parties, the petitioner invoked
arbitration vide legal notice dated 11.09.2025 and thereafter filed the
present petition.
5. Mr. Gupta, learned counsel appears on behalf of the respondent and
has no objection to appointment of the arbitrator as long as all rights
and counter-claims of the respondent are left open.
6. I am satisfied that there exists a valid arbitration clause and there are
disputes between the parties which need to be adjudicated through the
arbitral mechanism.
7. For the said reasons, the petition is allowed and the following
directions are issued:-
i) Mr. Naveen Gupta (Advocate) (Mob. No.9312248478) 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’).
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##PAGE3##iii) The remuneration of the learned Arbitrator shall be in terms of
DIAC (Administrative Cost and Arbitrators’ Fees) Rules,
2018.
iv) The learned Arbitrator is requested to furnish a declaration in
terms of Section 12 of the Act prior to entering into the
reference.
v) It is made clear that all the rights and contentions of the
parties, including as to the arbitrability of any of the claim, any
other preliminary objection, as well as claims/counter-claims
and merits of the dispute of either of the parties, are left open
for adjudication by the learned arbitrator.
vi) The parties shall approach the learned Arbitrator within two
weeks from today.
8. The present petition is disposed of in the aforesaid terms.
JASMEET SINGH, J
DECEMBER 19, 2025 / (MS)
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 06/02/2026 at 12:36:28
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