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Delhi High Court - Orders

M.V. Omni Projects (India) Ltd vs Union Of India Through Dy Chief Engg ... on 22 May, 2025

Author: Jasmeet Singh

Bench: Jasmeet Singh

                          $~62, 63 & 64
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         O.M.P. (T) (COMM.) 5/2025
                                    M.V. OMNI PROJECTS (INDIA) LTD.                                                        .....Petitioner
                                                                  Through:

                                                                  versus

                                    UNION OF INDIA THROUGH DY CHIEF ENGG NORTHERN
                                    RAILWAY & ANR.                              .....Respondent
                                                  Through: Mr. Ruchir Mishra, Mr. Sanjiv
                                                           Kumar Saxena, Mr. Mukesh Kumar
                                                           Tiwari, Ms. Poonam Shukla, Ms. Reba
                                                           Jena Mishra, Advs.

                          63
                          +         O.M.P. (T) (COMM.) 6/2025
                                    M.V. OMNI PROJECTS (INDIA) LTD.                                                        .....Petitioner
                                                                  Through:

                                                                  versus

                                    UNION OF INDIA THROUGH DY CHIEF ENGG NORTHERN
                                    RAILWAY & ANR.                             .....Respondents
                                                  Through: Mr. Ruchir Mishra, Mr. Sanjiv
                                                           Kumar Saxena, Mr. Mukesh Kumar
                                                           Tiwari, Ms. Poonam Shukla, Ms. Reba
                                                           Jena Mishra, Advs.

                          64
                          +         O.M.P. (T) (COMM.) 7/2025
                                    M.V. OMNI PROJECTS (INDIA) LTD.                                                        .....Petitioner
                                                                  Through:




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 30/06/2025 at 18:05:23
                                                                   versus

                                    UNION OF INDIA THROUGH DY CHIEF ENGG NORTHERN
                                    RAILWAY & ANR.                             .....Respondents
                                                  Through: Mr. Ruchir Mishra, Mr. Sanjiv
                                                           Kumar Saxena, Mr. Mukesh Kumar
                                                           Tiwari, Ms. Poonam Shukla, Ms. Reba
                                                           Jena Mishra, Advs.

                                    CORAM:
                                    HON'BLE MR. JUSTICE JASMEET SINGH
                                                                  ORDER

% 22.05.2025

1. The matter was listed for counsel for the parties to take instructions after passing of the judgment dated 15.05.2025.

2. Mr. Mishra, learned counsel, on instructions, states that the respondents would like to go strictly as per the arbitration clause. Hence, an Arbitral Tribunal of three members be appointed by this Court.

3. Learned counsel for the petitioner states that a Sole Arbitrator be appointed by this Court, however, he has no objection if the Arbitral Tribunal of three members is appointed by this Court.

4. In view of the above, this Court passes the following directions:-

i) Ms. Justice (Retd.) Mukta Gupta, Former Judge, High Court of Delhi (Mob. No. 9650788600) is appointed as a Presiding Arbitrator to adjudicate the disputes between the parties.
ii) Mr. S.C. Malik (Retd. Additional District and Sessions Judge, Delhi) (Mob. No. 9910384635) and Ms. Rashmi Chopra, Sr. Adv. (Mob. No. 9810311218) are appointed as Co-Arbitrators.

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 30/06/2025 at 18:05:23

iii) The arbitration will be held under the aegis and rules of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the 'DIAC').

iv) The remuneration of the learned Arbitrators shall be in terms of DIAC (Administrative Cost and Arbitrators' Fees) Rules, 2018.

v) The learned Arbitrators are requested to furnish a declaration in terms of Section 12 of Arbitration and Conciliation Act, 1996 prior to entering into the reference.

vi) 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 Arbitral Tribunal.

vii) The parties shall approach the Arbitral Tribunal within two weeks from today.

5. The present petitions are disposed of in the aforesaid terms.

JASMEET SINGH, J MAY 22, 2025/pk Click here to check corrigendum, if any 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 30/06/2025 at 18:05:23