TATA PROJECTS - KALINDEE (JV) & ORS. vs RAIL VIKAS NIGAM LIMITED

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 12 August 2024 Pronounced on: 20 May 2025 ARB.P. 432/2024 & I.A. No. 35382/2024 TATA PROJECTS - KALINDEE (JV) & ORS. .....Petitioners Through: Mr. Rajiv Nayar, Sr. Advocate with Mr. Naveen Chawla, Advocate versus RAIL VIKAS NIGAM LIMITED .....Respondent Through: Mr. Udit Seth and Mr. Roshan Roy, Advocate CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR JUDGMENT % 20.05.2025 1. This is a petition under Section 11(6)1 of the Arbitration and Conciliation Act, 19962, for reference of the disputes, stated to have arisen between the petitioners on the one hand and the respondent on the other, to arbitration. 1 11. Appointment of arbitrators- (6) Where, under an appointment procedure agreed upon by the parties,— (a) a party fails to act as required under that procedure; or (b) the parties, or the two appointed arbitrators, fail to reach an agreement expected of them under that procedure; or (c) a person, including an institution, fails to perform any function entrusted to him or it under that procedure, [the appointment shall be made, on an application of the party, by the arbitral institution designated by the Supreme Court, in case of