SWADESHI CIVIL INFRASTRUCTURE PVT LTD vs RITES LIMITED & ANR.

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 3. Learned counsel appearing for the Respondent submits that the arbitration clause prescribes certain mandatory pre-conditions which are required to be satisfied before a dispute can be referred to arbitration. It is contended that the said pre-conditions have admittedly not been complied with and, therefore, the present petition is premature. In this regard, learned counsel specifically draws atten