$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1886/2025 & I.A. 27927/2025 M/S RAMACIVIL INDIA CONSTRUCTION PVT LTD .....Petitioner Through: Mr. Avinash Trivedi, Adv. Ms. Ritika Trivedi, Adv. Mr. Rahul Aggarwal, Adv. Mr. Anurag Kaushik, Adv. Mr. Rhythem Nagpal, Adv.

Mr. Jatin Arora, Adv. Mr. Rishank Gola, Adv.

versus CENTRAL PUBLIC WORKS DEPARTMENT .....Respondent Through: Mr Vikram Jetly, CGSC with Ms Shreya Jetly Advocate and Mr Manthena Srinivasu EE and Senior manager CPWD CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 04.12.2025

1. This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (“1996 Act”) seeking the following reliefs:-

“a) Reject the Arbitral Tribunal constituted vide letter dated 30.10.2025 and consequently appoint Sh. Vinod Kumar Malik as the petitioner’s nominee arbitrator as nominated vide letter dated 06.10.2025; And/Or;

b) Direct the two nominee arbitrators to appoint the presiding arbitrator within 30 days as per the mandatory qualification specifically mentioned in clause 25 of GCC; And/Or;

c) Cost of this petition may be allowed in favour of the petitioner and against the respondents; And/Or;”

2. The brief facts are that the respondent floated a tender for the work of “Redevelopment of General Pool Residential Colony at Sriniwaspuri, New Delhi (Phase-IIA) SH-Construction of 400 nos. Type-V and 190 nos. Type-VI quarters having single basement, three level podium parking and a Banquet Hall including all development works and services on EPC basis including comprehensive maintenance for five years after completion of work”. The petitioner participated in the tender and was the successful bidder.

3. Subsequently, the respondent awarded the work in favour of the petitioner vide Acceptance Letter dated 05.12.2022, pursuant to which an Agreement bearing No. 06/EE&SM-III/RP/2022-23 was entered into between the parties.

4. The General Conditions of Contract (“GCC”) of the said Agreement contains an arbitration clause being Clause No. 25, which reads as under:-

“Clause 25: Settlement of Disputes by Conciliation and Arbitration xxxxxxxx

25.2 Arbitration: If the aforesaid conciliation proceedings fail or the Conciliator fails to give proposal for settlement within the aforesaid period, either party may promptly give notice in the proforma prescribed in Appendix XVIII, under intimation to the other party, to the Chief Engineer or the Superintending Engineer concerned with the work (as applicable), hereinafter referred to as the Arbitrator Appointing Authority as indicated in Schedule F, for appointment of Arbitrator.

However, a party may seek appointment of Arbitrator without taking recourse to the process of conciliation mentioned in sub-

clause 25.1 above.

In the event of either party giving a notice to the Arbitrator Appointing Authority for appointment of Arbitrator, the said Authority shall appoint Arbitrator as per the procedure given below and refer such disputes to arbitration.

(a) Number of Arbitrators: If the contract amount is less than Rs.100 crore, the disputes may be referred for adjudication by a sole Arbitrator. If the contract amount is Rs.100 crore or more, the disputes may be referred to an Arbitral Tribunal of three Arbitrators.

(b) Qualification of Arbitrators: It is a term of this contract that each member of the Arbitral Tribunal shall be Graduate Engineer with experience in execution of public works engineering contracts, and he should have worked earlier at a level not lower than the Chief Engineer (equivalent to level of Joint Secretary to the Government of India).

The aforesaid educational qualification and work experience shall be mandatory for appointment as Arbitrator.

The age of Arbitrator at the time of appointment shall not exceed 75 years. An Arbitrator may be appointed notwithstanding the total number of active arbitration cases with him.

(c) Parties to select Arbitrator: Based on the criteria specified above, a list of empanelled Arbitrators has been