ASHWANI GARG vs DELHI TOURISM AND TRANSPORTATION DEVELOPMENT CORPORATION LTD

Judgment text excerpt

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 27.03.2026 + ARB.P. 1858/2025 ASHWANI GARG .....Petitioner Through: Mr. Avinash Trivedi & Mr. Rahul Aggarwal, Advs. versus DELHI TOURISM AND TRANSPORTATION DEVELOPMENT CORPORATION LTD .....Respondent Through: Mr. Gyanendra Kumar, Adv. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN AVNEESH JHINGAN, J. (ORAL) 1. The present petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short „the Act‟) for appointment of an arbitrator. 2. The brief facts are that the petitioner was awarded a works contract for upgradation and face-lifting work of a government school at Dr. Ambedkar Nagar, Sector-5, New Delhi vide Letter of Acceptance (for short „LoA‟) dated 03.02.2016. The project was to be completed within 240 days but was actually completed on 20.06.2018. Time was extended by the respondent on 12.03.2019 without levying liquidated damages. The final bill was paid on 30.08.2019. On 31.08.2019, the petitioner addressed a communication to the Executive Engineer (SP) stating that claims inter alia for escalation in Signature Not Verified Signed By:HONEY ARB. P. 1858/2025 Page 1 of 8 ARORA Signing Date:28.03.2026 14:53:43 prices under clauses 10C and 10CA of the contract were pending. 2.1 On 05.12.2023, the petitioner approached the Executive Engineer (SP) in terms of clause 25 of the General Conditions of Contract (for short „GCC‟) however, no response was received. On 19.02.2024, the petitioner addressed a letter to the Chief Project Manager regarding the pending disputes and sought reconciliation. On 04.05.2024, a request was made by the petitioner for formation of a Dispute Redressal Committee (for short „DRC‟) as provided under clause 25 of the GCC. Thereafter, a notice under Section