G.S. EXPRESS PVT. LTD. vs LAND PORT AUTHORITY OF INDIA

Judgment text excerpt

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 27.01.2026 + ARB.P. 2049/2025 G.S. EXPRESS PVT. LTD. .....Petitioner Through: Mr. Ankur Khandelwal and Mr. Chirag Sharma, Advocates. versus LAND PORT AUTHORITY OF INDIA .....Respondent Through: Mr. Siddharth, Mr. Harshit Manwani, Ms. Himanshi Girdhar and Mr. Deepanshu Grover, Advocates. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % J U D G E M E N T (Oral) 1. The present Petition, under Section 11(6) of the Arbitration and Conciliation Act, 1996 [“Act”], has been filed seeking the appointment of an Arbitrator for the adjudication of disputes inter se the parties arising out of the General Conditions of Contract dated 15.04.2024 [“ GCC”]. 2. Clause 25.2 of the General Conditions of Contract, 2022, which contains the arbitration clause, reads as follows: “25.2 Arbitration: If the aforesaid conciliation proceedings fail or the Conciliator fails to give proposal for settlement within the aforesaid period, either party may promptly give notice in the proforma prescribed in Appendix XVIII, under intimation to the other party, to the Chiel Engineer or the Superintending Engineer concerned with the work (as applicable), hereinafter referred to as the Arbitrator Appointing Authority as Indicated in Schedule F, for appointment of Arbitrator. Signature Not Verified Digitally Signed By:HARVINDER KAUR ARB.P. 2049/2025 Page 1 of 6 BHATIA Signing Date:29.01.2026 16:08:06 However, a party may seek appointment of Arbitrator without taking recourse to the process of conciliation mentioned in sub- clause 25.1 above. In the event of either party giving a notice to the Arbitrator Appointing Authority for appointment of Arbitrator, the said Authority shall appoint Arbitrator as per the procedure given below and refer