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

Judgment text excerpt

$~4 * 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 Signature Not Verified Digitally Signed ARB.P. 127/2024 Page 1 of 9 By:HARVINDER KAUR BHATIA Signing Date:27.01.2026 14:30:47 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 ARBITRATION Except where otherwise provided in the contract, all questions and disputes relating to the meaning of the specifications, design, drawings and instructions here-in before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, designs, drawings, specifications, estimates, instructions, orders or these conditions