SWADESHI CIVIL INFRASTRUCTURE PVT LTD vs RITES LIMITED & ANR.

Judgment text excerpt

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 16.01.2026 + ARB.P. 1301/2025 SWADESHI CIVIL INFRASTRUCTURE PVT LTD .....Petitioner Through: Mr. Dinkar Singh and Mr Rohit Singh, Advocates. versus RITES LIMITED & ANR. .....Respondents Through: Mr. G. S. Chaturvedi, Advocate for Respondent No-1. 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. 2. Learned counsel appearing for the Petitioner contends that the Arbitration clause is set out at Clause 25 of the Agreement dated 22.08.2017, and which clause reads as under: 1 Act Signature Not Verified Digitally Signed ARB.P. 1301/2025 Page 1 of 9 By:HARVINDER KAUR BHATIA Signing Date:27.01.2026 14:30:47 “CLAUSE 25 Settlement of Disputes & Arbitration Except where otherwise provided in the Contract all questions and disputes relating to the meaning of the specifications, design, drawings and instructions herein 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 or otherwise concerning the works or the execution or failure to execute the same whether arising during the progress of the work or after the cancellation, termination, completion or abandonment thereof shall be dealt with as mentioned hereinafter: 1) If the Contractor considers any work demanded of him to be outside the requirements of the Contract, or dis