DALMIA CEMENT (BHARAT) LIMITED vs M/S ESS ESS TECHNOFABS PRIVATE LIMITED

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 03.11.2025 Judgment pronounced on: 07.02.2026 + ARB.P. 1723/2024 DALMIA CEMENT (BHARAT) LIMITED ...Petitioner Through: Mr. Anirudh Bakhru, Ms. Niyati Kohli, Mr. PrathaVir Agarwal & Ms. Shubhi Agarwal, Advs. versus M/S ESS ESS TECHNOFABS PRIVATE LIMITED ...Respondent Through: Mr. Varun Bedi & Ms. Swati Ahalwat, Advs. + ARB.P. 1725/2024 DALMIA CEMENT (BHARAT) LIMITED ...Petitioner Through: Mr. Anirudh Bakhru, Ms. Niyati Kohli, Mr. PrathaVir Agarwal & Ms. Shubhi Agarwal, Advs. versus M/S ESS ESS TECHNOFABS PRIVATE LIMITED ...Respondent Through: Mr. Varun Bedi & Ms. Swati Ahalwat, Advs. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH JUDGMENT 1. These are petitions filed under Section 11 of the Arbitration and Conciliation Act, 1996, (“the Act”) arising out of the work Digitally Signed By:MAYANK ARB.P. 1723/2024 & ARB. P. 1725/2024 Page 1 of 20 Signing Date:07.02.2026 14:48:06 order/purchase order dated 11.10.2020 and 04.11.2020, respectively, seeking appointment of a Sole Arbitrator to adjudicate disputes between the parties. FACTUAL MATRIX AS PER THE PETITIONER 2. The petitioner, namely Dalmia Cements (Bharat) Limited is a public company engaged in the business of manufacturing and selling of cement and other allied products. 3. The respondent, namely M/S Ess Ess Technofabs Private Limited is engaged in the business of Manufacturing and installation of fabricated metal products. 4. In the year 2020, the petitioner engaged the respondent for providing material and services for mechanical fabrication and erection job of two projects, namely AFR feeding system and clinker silo at its DDSPL unit based in Rohtas, Bihar (“Project 1”) and the installation of cooler at Rajgangpur unit, Odisha (“Project 2”) respectively.