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2025 Supreme(Online)(Del) 47096

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.

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

##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’).

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

##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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