SALIL KUMAR vs INDIA TOURISM DEVELOPMENT CORPORATION LIMITED

Judgment text excerpt

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 23.03.2026 + ARB.P. 1871/2025 SALIL KUMAR .....Petitioner Through: Mr. Meenal Garg, Adv. (through VC) versus INDIA TOURISM DEVELOPMENT CORPORATION LIMITED .....Respondent Through: Mr. Anish Chawla, Adv. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN AVNEESH JHINGAN, J. (ORAL) 1. This petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short „the Act‟) for appointment of the arbitrator. 2. The brief facts are that on 20.12.2011, the respondent awarded the work of construction of a memorial of Smt. Vidyavati Ji, mother of Shaheed Bhagat Singh at village Moranwali, District Hoshiarpur, Punjab to the petitioner. 2.1 On 18.04.2019, the respondent unilaterally appointed a sole arbitrator and the proceedings culminated in award dated 09.05.2020. The arbitrator partly allowed the claims filed by the petitioner and Signature Not Verified Signed By:HONEY ARB.P. 1871/2025 Page 1 of 6 ARORA Signing Date:27.03.2026 12:12:08 dismissed the counter claims of the respondent. 2.2 Both the parties filed petition under Section 34 of the Act against the award. The petition filed by the petitioner under Section 34 of the Act was dismissed by this court on 14.09.2021. The petitioner succeeded in an appeal under Section 37 of the Act and the award being violative of Section 12(5) of the Act was set aside on 02.04.2025 in view of the setting aside of the award by this court. The petition filed by the respondent under Section 34 of the Act was dismissed as infructuous on 19.04.2025. On 06.05.2025, the petitioner issued a notice under Section 21 of the Act and thereafter this petition. 3. Learned counsel for the respondent relies upon clause 48 of the contract to contend that arbitration eithe