NITIGYA BUILDCON PVT. LTD. vs DLF LIMITED

Judgment text excerpt

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : 17.04.2026 + O.M.P.(I) (COMM.) 162/2026 & I.A. 10432/2026 (Ex.) NITIGYA BUILDCON PVT. LTD. .....Petitioner Through: Mr. Udit Seth and Mr. Divyanshu Singh, Advocates. versus DLF LIMITED .....Respondent Through: Mr. Rajiv Nayar, Senior Advocate along with Mr. Pravin Bahadur, Mr. Amit Agarwal, Mr. Aditya P.N. Singh, Mr. Eshan Banduni and Ms. Kavya Uppal, Advocates. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) HARISH VAIDYANATHAN SHANKAR, J. 1. The present Petition has been filed under Section 9 of the Arbitration and Conciliation Act, 19961 seeking the following reliefs: “i. Direct the Respondent to permit the Petitioner to remove and take possession of all its tools, materials, etc. detailed in para 38 of this petition ii. Restrain the Respondent from dealing with, disposing of, damaging, misusing or retaining the Petitioner’s materials in any manner whatsoever; 1 Act Signature Not Verified Digitally Signed By:NEERU O.M.P.(I) (COMM.) 162/2026 Signing Date:21.04.2026 Page 1 of 4 16:44:03 iii. Direct the parties to carry out joint measurement of Petitioner’s tools, materials, etc. as mentioned in para 38 of the petition. iv. Pass any such other or further orders as this Hon’ble Court may deem fit and proper in the interest of justice, equity and good conscience” 2. The present disputes are stated to have arisen out of a Contract Agreement dated 25.04.2022, which contains a dispute resolution mechanism under Clause 101 thereof. 3. After advancing some arguments, learned counsel appearing for the parties submit that they are ad idem that the disputes between them be referred to arbitration by a Sole Arbitrator. 4. Since the parties have mutually consented to adjudication of their di