Delhi High Court - Orders
Mahakaleshwar Infratech Pvt. Ltd vs Chief Engineer National Highways ... on 18 December, 2025
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 1891/2025 & I.A. 28012/2025
MAHAKALESHWAR INFRATECH PVT. LTD .....Petitioner
Through: Mr. Suvir Sharma, Ms. Anushka
Nayyar, Mr. Charchit Talwar,
Ms. Kashish Mewara, Ms. Khushboo
Sharma, Mr. Syed Meesam Asghar,
Advs.
versus
CHIEF ENGINEER NATIONAL HIGHWAYS DIVISION PUBLIC
WORKS DEPARTMENT UTTAR PRADESH .....Respondent
Through: Mr. Ambrish Rai, Adv
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 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 to adjudicate the disputes between the parties.
2. The brief facts are that the petitioner and the respondent entered into an Engineering, Procurement and Construction Agreement dated 09.07.2019, wherein the petitioner was awarded project of "Construction of Amethi Bypass on NH 931 from Design Chainage 0.000 Km (Existing Km 30.350) to Design Chainage 6.346 Km (Existing Km 35.650) in Amethi City in the State of Uttar Pradesh on EPC Basis".
3. A said Agreement contains an arbitration clause being Clause No. 26.3, which reads as under:-
"26. Dispute Resolution 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 25/12/2025 at 20:31:07 xxxxxxxx 26.3 Arbitration:
(i) Any dispute which is not resolved amicably by conciliation, as provided in Clause 26.2, shall be finally settled by arbitration in accordance with the rules of arbitration of the Society for Affordable Redressal of Disputes (SAROD)."
4. The petitioner after exhausting the pre-arbitral mechanism, invoked arbitration vide legal notice dated 25.11.2024 and thereafter, filed the present petition.
5. Mr. Rai, learned counsel for the respondent states that he has no objection to appointment of an Arbitrator and admits the execution of the arbitration clause.
6. I am satisfied that there exists valid arbitration clause and dispute 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) Ms. Justice Rekha Palli (Retd. Judge Delhi High Court) (Mob.
No.9810012120) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties from the SAROD panel.
ii) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference.
iii) 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 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 25/12/2025 at 20:31:07 by the learned arbitrator.
iv) The parties shall approach the learned Arbitrator within two weeks from today.
v) The arbitration shall be governed in accordance with the arbitration clause.
8. The present petition is disposed of in aforesaid terms.
JASMEET SINGH, J DECEMBER 18, 2025/DM 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 25/12/2025 at 20:31:07