KALPATARU PROJECTS INTERNATIONAL LIMITED vs NORTHERN RAILWAY

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 09th January, 2026 + ARB.P. 1455/2025 KALPATARU PROJECTS INTERNATIONAL LIMITED .....Petitioner Through: Mr. Arvind Nayar, Sr. Advocate with Mr. Ayush Agrawal, Mr. Vikrant Bloria, Mr. Sushant Tomar, Dr. Sunil Mittal, Mr. Amit Sagar, Mr. Amit Kumar, Mr. Shubham Devrani, Mr. Divyanshu Negi, Mr. Akshay Joshi and Ms. Diksha Dadu, Advs. Mob: 9711753862 Email: [email protected] Versus NORTHERN RAILWAY .....Respondent Through: Mr. P.S. Singh, CGSC, with Ms. Minakshi Singh, Mr. Ashutosh Bharti and Mr. Rajneesh K. Sharma, Advs. Mob: 9810282890 Email: [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (Oral): 1. The present petition has been filed under Sections 11(4) read with 11(6) of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) filed on behalf of Kalpataru Projects International Limited. The petition initially sought appointment of the respondent’s nominee Arbitrator in terms of the Arbitration Clause between the parties, however, at the time of hearing of the petition, the petitioner has prayed for appointment of a Sole Arbitrator. Signature Not Verified Digitally Signed ARB.P. 1455/2025 Page 1 of 15 By:HARIOM SHARMA Signing Date:10.01.2026 20:10:02 2. It is the case of the petitioner that in terms of the agreed procedure, the petitioner by way of Notice of dispute dated 13th June, 2025, under Section 21 of the Arbitration Act, nominated Justice (Retd.) Kamalkishore Kapoorchandji Tated, Former Judge, High Court of Bombay as its nominee Arbitrator. Since the respondent failed to appoint its nominee Arbitrator, the present petition has been filed. 3. Learned Senior Counsel appearing for the petitioner submits that an independent Arbitrator be appointed by this Cou