NHPC LIMITED vs CONSTRUCTION INDUSTRY ARBITRATION COUNCIL & ANR.

Judgment text excerpt

$~116 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 24.02.2025 + W.P.(C) 2086/2025 and CM APPL.9791/2025 NHPC LIMITED .....Petitioner Through: Mr. Nakul Sachdeva, Mr. Sagar Arora, Mr. Karundeep Singh and Mr. Abhinandam Sharma, Advs. versus CONSTRUCTION INDUSTRY ARBITRATION COUNCIL & ANR. .....Respondents Through: Ms. Anshula Grover, Mr. Mayan Prasad and Mr. Lenithang, Advs. for R-2. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA SACHIN DATTA, J. (Oral) 1. The present petition has been filed by the petitioner assailing a letter / order dated 18.12.2024, passed by the respondent no.1. By the said letter, the respondent no.1 has purported to appoint an arbitrator for adjudication of the disputes between the petitioner and the respondent no.2, as per the rules of the respondent no.1. 2. It is submitted by the petitioner that the said reference is null and void abinitio, being contrary to agreed upon arbitration stipulation. Accordingly, it is prayed that the said letter / order dated 18.12.2024 be set aside. 3. After some hearing, respective counsel for the parties are in agreement that the disputes between the petitioner and the respondent no.2 be decided by way of an ad hoc arbitration, by a Sole Arbitrator. It is further Signature Not Verified Digitally Signed By:ROHIT W.P.(C) 2086/2025 Page 1 of 3 KUMAR PATEL Signing Date:28.02.2025 11:24:30 jointly requested by the petitioner and learned counsel for the respondent no.2, on instructions, that an independent Sole Arbitrator be appointed by this Court in these proceedings, for adjudication of all outstanding disputes between the parties arising out of or relating to the principal contract agreement dated 02.01.2014 pertaining to “Construction of Balance Civil Works of HRT by DBM, Associated Works and HM Works (Lo