Delhi High Court - Orders
Mahakaleshwar Infratech Pvt. Ltd vs Chief Engineer National Highways ... on 4 February, 2026
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 1891/2025
MAHAKALESHWAR INFRATECH PVT. LTD .....Petitioner
Through: Ms. Anushka Nayyar, Advocate
through video-conferencing.
versus
CHIEF ENGINEER NATIONAL HIGHWAYS DIVISION
PUBLIC WORKS DEPARTMENT UTTAR PRADESH
.....Respondent
Through: Mr. Ambrish Rai, Advocate
along with Mr. Samridh,
Assistant Engineer, National
Highway, Sultanpur Divison,
Uttar Pradesh.
CORAM:
HON'BLE MR. JUSTICE HARISH VAIDYANATHAN
SHANKAR
ORDER
% 04.02.2026 I.A. 2909/2026 (Filed by petitioner seeking clarification of the order dt. 18.12.2025)
1. The present application being I.A. 2909/2026 has been filed under Section 151 of the Code of Civil Procedure, 1908 seeking the following prayers:-
" a) Provide a clarification to the order dated 18.12.2025 passed in ARB. P. 1891/2025 with respect to the appointment of the Sole Arbitrator, notwithstanding the arbitration clause providing for arbitration under the SAROD Arbitration Rules.
b) Pass such further or other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case. "
2. The Petition being ARB. P. 1891/2025 was filed seeking ARB.P. 1891/2025 Page 1 of 5 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 09/02/2026 at 20:35:09 appointment of an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, which came to be disposed of vide Order dated 18.12.2025 passed by this Court. For the sake of convenience, the said order is reproduced herein under:-
" 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 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) ARB.P. 1891/2025 Page 2 of 5 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 09/02/2026 at 20:35:09 (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 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. "
3. However and as it transpires, the present Application was necessitated in view of the Communication dated 08.01.2026 and which reads as follows:
"This is in reference to the order dated 18.12.2025 passed in ARB.P. No. 1891/2025, whereby I have been appointed as the Sole Arbitrator in the captioned matter.
It is, however, noticed that as noted in the aforesaid order, the arbitration clause governing the parties specifically stipulates that the arbitration proceedings shall be conducted in accordance with the Rules of the Society for Affordable Redressal of Disputes (SAROD). It is brought to your kind attention that I am not empanelled with SAROD.
In view of the aforesaid, you may kindly seek an appropriate clarification in this regard from the Hon'ble Court or take suitable steps for appointment of an arbitrator in accordance with the agreed SAROD Rules."
4. The present Application was listed on 03.02.2026 and on which date, Mr. Samridh, the Assistant Engineer of the Respondent had sought time to seek instructions.
ARB.P. 1891/2025 Page 3 of 5This 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 09/02/2026 at 20:35:09
5. Mr. Ambrish Rai, learned counsel has entered appearance along with Mr. Samridh today and states that they have no objection if a learned Arbitrator from the empanelled list of Society for Affordable Redressal of Disputes ("SAROD") were to be appointed.
6. The matter was passed over for the parties to reach a consensus on the name of the Arbitrator.
7. Post lunch, when the matter was called out, learned counsel for the parties submit, and are ad idem, that the disputes between the parties may be referred to arbitration before Hon'ble Mr. Justice (Retd.) Pankaj Kumar Jaiswal, High Court of Allahabad, who is empanelled with SAROD.
8. In view of the aforesaid submissions, Hon'ble Mr. Justice (Retd.) Pankaj Kumar Jaiswal is requested to enter into the reference, and adjudicate the dispute in accordance with the SAROD Rules.
9. Learned counsel for the parties undertake to inform the learned Arbitrator of the present order.
10. The learned Arbitrator is also requested to file the requisite disclosure under Section 12 (2) of the Act within a week of entering of reference.
11. The Registry is directed to send a receipt of this order to the learned Arbitrator through all permissible modes, including through e- mail within 2 weeks.
12. All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law.
13. Needless to say, nothing in this order shall be construed as an ARB.P. 1891/2025 Page 4 of 5 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 09/02/2026 at 20:35:09 expression of opinion of this Court on the merits of the controversy between the parties.
14. Accordingly, the present application stands disposed of in the aforesaid terms.
HARISH VAIDYANATHAN SHANKAR, J.
FEBRUARY 04, 2026/tk/kr/sg ARB.P. 1891/2025 Page 5 of 5 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 09/02/2026 at 20:35:09