Delhi High Court - Orders
Altinok Consulting Engineering Inc And ... vs National Highways And Infrastructure ... on 2 April, 2026
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) 3/2026 & I.A. 6937/202
ALTINOK CONSULTING ENGINEERING INC AND OTHERS
.....Petitioners
Through: Mr. Kartik Kaushal and Mr. Abhishek
K. Tanwar, Advs.
Mob: 9711035315
Email: [email protected]
versus
NATIONAL HIGHWAYS AND INFRASTRUCTURE
DEVELOPMENT CO. LTD. .....Respondent
Through: Mr. Avneesh Garg, Mr. Utkarsh
Sharma and Mr. Harsh Pal, Advs.
Mob: 9818479699
Email: [email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 02.04.2026
1. Learned counsel for the respondent enters appearance.
2. Since, there is an Arbitration Clause between the parties, learned counsel appearing for the petitioner submits that he has already invoked the same and has also filed a petition for appointment of an Arbitrator.
3. Learned counsel appearing for the petitioner further submits that the Arbitration Clause provides that the arbitration shall be held in accordance with the rules of Arbitration of International Centre for Alternative Dispute Resolution, New Delhi ("ICADR").
4. He submits that, however, the respondent is part of the said institution Page 1 of 2 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 03/04/2026 at 21:43:28 and, thus, the proceedings held under the aegis of ICADR would not be fair, and would be biased.
5. He, thus, submits that an independent Arbitrator be appointed by this Court.
6. This Court notes that the contract of the petitioner already stands terminated vide a letter dated 27th February, 2026.
7. Learned counsel appearing for the respondent submits that the contract is a determinable contract, and therefore, the respondent is within its right to determine the contract.
8. Since, there is already an Arbitration Clause governing the relation between the parties, all such issues would be subject matter of determination for and by the learned Arbitrator.
9. Considering the submissions made by learned counsel appearing for the petitioner, learned counsel appearing for the respondent is directed to take instructions with regard to appointment of an Arbitrator by this Court, and for referring the present matter to the learned Arbitrator, as an application under Section 17 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act").
10. For instructions on behalf of the respondent, re-notify on 15th April, 2026.
MINI PUSHKARNA, J APRIL 2, 2026/SK Page 2 of 2 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 03/04/2026 at 21:43:28