NTPC LIMITED vs AADHAR STUMBH TOWNSHIP PVT LTD

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 19.03.2025 ARB.P. 1580/2024 NTPC LIMITED .....Petitioner Through: Mr. Adarsh Tripathi, Mr. Vikram Singh Baid, Mr. Ajitesh Garg, Advs. versus AADHAR STUMBH TOWNSHIP PVT LTD .....Respondent Through: Mr. Vivekanand, Adv. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH : JASMEET SINGH, J (ORAL) 1. This is a petition filed under Section 11 (5) & (6) of the Arbitration and Conciliation Act, 1996, (“Act 1996”) seeking a direction to appoint a Presiding/Third Arbitrator. 2. Brief facts are that the petitioner is a company engaged in the generation of electricity. The petitioner invited bids for “Construction of Office-cum-Residential Complex for ER-1HQ at Patna and a Letter of Award (“LOA”) was issued in favour of the respondent being the lowest bidder. On 25.01.2018, a Contract Agreement was signed between the parties which contains an arbitration clause as Clause 7.3 and the same is extracted below:- “7.3 Arbitration 7.3.1 If the Engineer-in-Charge and/or ESC fails to arrive at a settlement between the parties as mentioned at GCC Sub-Clause 7.1 & 7.2 above, either party may give a notice to the other party of its intention to commence ar