HMBS TEXTILES PRIVATE LIMITED vs MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 30.01.2025 ARB.P. 1127/2022 M/S HMBS TEXTILES PRIVATE LIMITED .....Petitioner Through: Mr.Sahil Garg, Mr.Abhinav Jain, Ms. Samikshi Jain and Mr.Mithil Malhotra, Advocates. versus MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI .....Respondent Through: Mr.Shubhranshu Padhi, Mr.Jay Nirupam, Mr.D.Girish Kumar, Mr.Pranav Giri, Mr.Ekansh Sisodia and Mr.P. Prasad, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. The present petition has been instituted u/s 11 of the Arbitration & Conciliation Act, seeking appointment of an independent and impartial Sole Arbitrator for adjudication of the disputes that have arisen between the parties. 2. Petitioner claims that on 29.09.2021, Respondent invited/floated tender for „providing permanent restoration to valley side slips occurred during monsoon of 2019-20 by soil nailing with tie back system to RCC retaining walls from Km 86.200 to 99.200 (Charmadi Ghat) of NH-73 (old 2021. 3. Despite having apprised the Respondent Dept. of the same, they still failed to incorporate the originally agreed quantities. Petitioner company protested for the unilateral change in t