Delhi High Court - Orders
Om Prakash Gupta vs Nbcc India Limited & Ors on 17 December, 2025
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~79
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 450/2025
OM PRAKASH GUPTA .....Petitioner
Through: Mr. Rohan Taneja, Ms. Prerna
Bhardwaj and Mr. Animesh Dubey,
Advs.
versus
NBCC INDIA LIMITED & ORS ......Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 17.12.2025
1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 by the Petitioner seeking appointment of an Arbitrator to adjudicate upon the disputes which have arisen between the parties under the Agreement dated 14.09.2007.
2. It is stated that under the said Agreement, the Petitioner was entrusted with the work of construction of Township Civil Works, NTPC BARH for External Electrification Work including LT Overhead line and Supply of Transformer for Construction of Township for NTPC Barh Package-'D'.
3. It is stated that the Respondents have failed to comply with their obligations under the Agreement and, therefore, disputes have arisen between the parties.
4. It is stated that Article 2 of the Agreement indicates that the Contract documents will include the General Conditions of Contract (GCC) along 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 24/12/2025 at 20:34:22 with the amendments/errata No.1 to GCC. Relevant portion of Article 2 of the Agreement reads as under:
"ARTICLE 2.0 - CONTRACT DOCUMENTS 2.1 The contract shall be performed strictly as per the terms and conditions stipulated herein and in the following documents attached herewith (hereinafter referred to as "Contract Documents").
a) NBCC Notice Inviting Tender No.III dated 12.06.2007 and NBCC's tender documents consisting of :
1) General Conditions of Contraot (GCC) alongwith amendments/errata No.-1 to GCC issued......"
5. It is stated by the learned Counsel for the Petitioner that the GCC was issued by the NTPC and it has been incorporated by the Respondent/NBCC by reference in the Agreement.
6. Material on record indicates that Clause 56 of the GCC contains an Arbitration Clause, which provides that disputes arising between the parties under the Agreement shall be decided by means of Arbitration and the seat of Arbitration shall be Delhi. Relevant portion of the Clause 56 of GCC reads as under:
"Arbitration:
56. Except where otherwise provided for in the contract all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before, mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right matter or thing 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 24/12/2025 at 20:34:22 whatsoever in any way arising out of or relating to the contract, designs drawings, specifications, estimates, instructions, orders or these conditions of otherwise concerning the works, or the execution or failure to execute the same whether arising during the progress of the work or after the completion or abandonment thereof shall be referred to the sole arbitration of the General Manager of NTPC Limited (Formerly National Thermal Power Corporation Lid) and if the General Manager is unable or unwilling to act, to the sole arbitration of some other person appointed by the Chairman and Managing Director, NTPC Limited (Formerly National Thermal Power Corporation Ltd) willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of NTPC Limited (Formerly National Thermal Power Corporation Ltd) and that he had to deal with the matters to which the contract relates and that in the course of his duties as such the had expressed views on all or any of the matters in dispute or different. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason as aforesaid at the time of such transfer, vacation of office or inability to act, Chairman and Managing Director, NTPC Limited (Formerly National Thermal Power Corporation Ltd) shall appoint another person to act as arbitrator in accordance with the terms of the Contract. It is also a term of this Contract that, no person other than a person appointed by CMD, NTPC Ltd. as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all......."
7. Reading of Article 2 of the Agreement along with Clause 56 of the GCC shows that there is an Arbitration Clause.
8. A notice dated 11.12.2024 under Section 21 of the Arbitration and 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 24/12/2025 at 20:34:22 Conciliation Act, 1996, was sent by the Petitioner to the Respondents invoking Arbitration. It is stated that the Respondents have not replied to the said Notice. The Petitioner has, therefore, approached this Court by filing the present Petition.
9. Learned Counsel appearing for the Respondent opposes the present Petition on the ground that it cannot be said that the Arbitration Clause in the GCC of the NTPC has been incorporated by reference in the present Agreement.
10. At this juncture, this Court is not persuaded by the objection taken by the learned Counsel of the Respondent and is of the prima facie opinion that there exists a valid Arbitration clause.
11. In view of the fact that disputes have arisen between the parties and there is an arbitration clause in the Agreement, this Court is inclined to appoint an Arbitrator to adjudicate upon the disputes between the parties.
12. However, it is open for the Respondent to raise the issue of arbitrability of the present disputes before the learned Arbitrator by filing an appropriate application for the same.
13. Accordingly, Mr. Ashwani Kumar, Senior Advocate (Mob:
9958534440) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties.
14. The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and would abide by its rules and regulations. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.
15. The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the Arbitration & Conciliation Act within two weeks 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 24/12/2025 at 20:34:22 of entering the reference.
16. 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.
17. Needless to say, nothing in this order shall be construed as an expression on the merits.
18. The present petition stands disposed of in the above terms along with pending application(s), if any.
SUBRAMONIUM PRASAD, J DECEMBER 17, 2025 Rahul 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 24/12/2025 at 20:34:22