M/S CLS CONSTRUCTION PVT LTD vs M/S S K BUILDERS

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 14.07.2025 + FAO(OS) (COMM) 178/2024 & CM APPL. 47202/2024 M/S CLS CONSTRUCTION PVT LTD .....Appellant Through: Mr Manoj Chouhan with Mr Ujjwal Singh Parmar and Ms Neha Raj Singh, Advocates. versus M/S S K BUILDERS .....Respondent Through: Mr Viraj R.Dattar, Sr. Advocate with Mr Mayank Sharma, Advocate. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA VIBHU BAKHRU, J. (Oral) 1. The Appellant has filed the present appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 [A&C Act] impugning a judgement dated 08.08.2024 [impugned judgment] passed by the learned Single Judge of this Court in OMP (Comm) No. 297/2023 captioned M/s S.K. Builders v. M/S CLS Construction Pvt. Ltd. The learned Single Judge allowed the petition and had set aside the arbitral award dated 18.05.2023 [impugned award] on the ground that the sole arbitrator was unilaterally appointed by the Appellant. 2. The dispute between the parties arose in the context of a Memorandum of Understanding dated 20.12.2019 [MoU] entered into in relation to the construction of a railway platform, station building, signal 3. The arbitr