M/S ASHA ENTERPRISES PVT LTD THROUGH SHRI VARINDER KUMAR SHARMA DIRECTOR vs HINDUSTAN PREFAB LTD & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 19.01.2026 ARB.P. 127/2024 M/S ASHA ENTERPRISES PVT LTD THROUGH SHRI VARINDER KUMAR SHARMA DIRECTOR .....Petitioner Through: Mr. Sanjay Bansal, Adv. versus HINDUSTAN PREFAB LTD & ANR. .....Respondents Through: Mr. Varun Nischal & Ms. Saira Tagra, Advs. for R-1. Mr. Shekhar Raj Sharma, Additional Advocate General, State of Haryana with Ms. Nidhi Narwal & Ms. Srishti Jain, Advs. for R-2. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) HARISH VAIDYANATHAN SHANKAR, J. 1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 19961, for the appointment of an Arbitrator to adjudicate upon a commercial dispute between the parties. 1 Act 2. Learned counsel appearing for the Petitioner has approached this Court invoking Clause 26 of the Special Conditions of Contract [“SCC”] read with Clause 25 of the General Condition of Contract [“GCC”]. 3. Learned counsel for the Petitioner submits that there is no requirement to follow the pre-arbitration procedure which is set out in Clause 25 of the GCC. The said clause is reproduced as under: “SETTLEMENT OF DISPUTES AND ARBITR