AHLUWALIA (CONTRACTS) INDIA LIMITED vs AIIMS THROUGH SUPERINTENDING ENGINEER & ANR.

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 04.02.2026 + ARB.P. 2131/2025 AHLUWALIA (CONTRACTS) INDIA LIMITED .....Petitioner Through: Dr. Amit George, Mr. Shashwat Kabi and Mr. Vaibhav Gandhi, Advocates versus AIIMS THROUGH SUPERINTENDING ENGINEER & ANR. .....Respondents Through: Mr. Debarshi Bhadra, Advocates for R-1 & 2 Mr. Kunal Sabharwal, Advocate for AIIMS CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) 1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 [“the Act”], seeking the appointment of Sole Arbitrator to adjudicate the disputes between the parties arising out of the Contract dated 29.05.2015 [“Agreement”]. 2. The said Agreement contains an Arbitration Clause, being Clause 67 of the General Conditions of Contract [“GCC”], which reads as under: “67.3 Arbitration 67.3.1 Any dispute and differences relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used in the work or as to any other question, claim, right, matter or thing Signature Not Verified Digitally Signed ARB.P. 2131/2025 Page 1 of 7 By:HARVINDER KAUR BHATIA Signing Date:07.02.2026 15:10:26 whatsoever in any way arising out of or relating to the contract, designs, drawings, specifications, estimates, instructions, or these conditions or otherwise concerning the works or the execution or failure to execute the same whether arising during the progress of the work or after the completion or abandonment thereof in respect of which :- a) The decision, if any, the Engineer has not become final and binding pursuant to Sub Clause 6 7. I and b) Conciliation has not been reached as per the provisions of Clause 67