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Delhi High Court - Orders

Sgn Universal Construction Company Pvt ... vs Morpheus Prodevelopers Pvt Ltd on 17 December, 2025

Author: Amit Bansal

Bench: Amit Bansal

                          $~33
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         O.M.P. (T) (COMM.) 128/2025, I.A. 31654/2025, I.A. 31655/2025 &
                                    I.A. 31656/2025
                                    SGN UNIVERSAL CONSTRUCTION COMPANY
                                    PVT LTD                                .....Petitioner
                                                 Through: Mr. Dayan Krishnan and Mr. Gautam
                                                          Narayan, Senior Advocates with Ms.
                                                          Aakashi Lodha, Mr. Sanjeevi
                                                          Seshadri, Mr. Sreedhar Kale, Ms.
                                                          Radhika Yadav & Ms. Nishtha Jindal,
                                                          Advocates.

                                                                  versus

                                    MORPHEUS PRODEVELOPERS PVT LTD        .....Respondent
                                                 Through: Mr.   Neeraj   Malhotra,     Senior
                                                          Advocate with Mr. Abhishek Anand,
                                                          Mr. Karan Kohli, Ms. Palak Kalra,
                                                          Mr. Nimish Kumar, Mr. Abhyuday
                                                          Dasmana & Mr. Rajat Gupta,
                                                          Advocates.
                                    CORAM:
                                    HON'BLE MR. JUSTICE AMIT BANSAL
                                                                  ORDER

% 17.12.2025

1. The present petition has been filed under Section 14 and 15 of the Arbitration and Conciliation Act, 1996 [hereinafter the 'Act'] seeking reinstatement of the mandate of the learned Sole Arbitrator.

2. The learned Sole Arbitrator vide order dated 24th November, 2025 has terminated proceedings under Section 32(2) of the Act. For ease of reference, the said order is set out below:

O.M.P. (T) (COMM.) 128/2025 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 19/12/2025 at 20:55:48

3. Counsel appearing on behalf of the parties on either side have placed reliance on the recent judgment of Supreme Court of India, in Harshbir Singh Pannu v. Jaswinder Singh, 2025 SCC OnLine SC 2742. Reliance has been placed on paragraph no. 415 (viii) of the said judgment which is set out below:

"415. A conspectus of our legal discussion is as under:--
*** (VIII) Where an arbitral tribunal passes an order for terminating the proceedings under the Act, 1996, the appropriate remedy available to the parties would be to first file an application for recall of such order before the arbitral tribunal itself. The arbitral tribunal would then in turn be required to examine whether the order does or does not deserve to be recalled."

4. In light of the above, let the petitioner move an appropriate application for recall of the order passed by the learned Sole Arbitrator.

5. Needless to state, once such an application is moved, the learned Sole Arbitrator shall take a decision on the same.

6. In light of the aforesaid, the present petition is disposed of.

7. All the pending applications also stand disposed of.

AMIT BANSAL, J DECEMBER 17, 2025/at O.M.P. (T) (COMM.) 128/2025 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 19/12/2025 at 20:55:48