$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1866/2025 VIKAS BUILDERS AND CONTRACTORS .....Petitioner Through: Appearance not given versus GOVERNMENT OF NCT OF DELHI .....Respondent Through: None CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 18.12.2025

1. This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator for adjudication of disputes between the parties.

2. The brief facts of the case are that the respondent being a successful bidder was awarded the contract for the work of improvement of streets and side drains of Gali No. 1 to Gali No. 35 at Village Mitraon Assembly Constituency – 35, Najafgarh under Mukhmantri Sadak Punarnirman Yojana vide Acceptance Letter bearing No. EE/CD- XII/ACS/2018-19/142/1512 dated 28.06.2019. Thereafter, an Agreement bearing No. FEE/CD-XIII/ACS/2019-20 was signed between the parties.

3. The arbitration clause is Clause No. 25 of the General Conditions of Contract which reads as under;

“25. Settlement of Disputes & Arbitration:

....

(ii) Except where the decision has become final, binding and conclusive in terms of Sub Para (i) above, disputes or difference shall be referred adjudication through arbitration by a sole arbitrator appointed the Chief Engineer, CPWD, in charge of the work or if there be no Chief Engineer, the Additional Director General of the concerned region or CPWD or if there be no Additional Director General, the Special Director General or the Director General, CPWD. If the arbitrator so appointed is unable or unwilling to act on resigns his appointment or vacates his office due to any reason whatsoever, another sole arbitrator shall be appointed in the manner aforesaid. Such person shall be entitled to proceed with the reference from the stage at which it was left ay his predecessor.

It is a term of this contract that the part invoking arbitration shall give a list of disputes with amounts claimed in respect of each such dispute along with the notice for appointment of arbitrator and giving reference to the rejection by the Chief Engineer of the appeal.

It is also a term of this contract that no person, other than a person appointed by such Chief Engineer CPWD or Additional Director General or Special Director General or Director General, CPWD, as aforesaid, should act as arbitrator and if for any reason that is not possible, the matter shall nor be referred to arbitration at all.

If is also a term of this contract that if the contractor does not make any demand for appointment of arbitrator in respect of any claims in writing as aforesaid within 120 days of receding the intimation from the Engineer-In- Charge that the final bill is ready for payment, the claim of the contractor shall be deemed to have been waived and absolutely barred and the Government shall be discharged and released of all labilities under the contract in respect of these claims.

The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) or any statutory modifications or re-enactment thereof and the rules made Thereunder and for the time being in force shall apply to the arbitration proceeding under this clause.

It is also a term of this contract that the arbitrator shall adjudicate on only such disputes es are referred to him by the appointing authority and give separate award against each dispute and claim referred to him and in all cases where the total amount of the claims by any party exceeds Rs.1,00,000/-, the arbitrator shall give reasons for the award.

It is also a term of the contract that if any fees are payable to the arbitrator, these shall be paid equally by both the parties.

It is also a term of the contract that the arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties calling them to submit Mei statement of claims and counter statement of clams. Lie venue of the arbitration shall be such plac