M/S AWADH ENGINEERS PVT. LTD. vs M/S DALMIA CEMENT (BHART) LTD

Judgment text excerpt

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : 11.05.2026 + ARB.P. 549/2026 & I.A. 8643/2026 (Delay of 95 days in Re- filing the petition) M/S AWADH ENGINEERS PVT. LTD. .....Petitioner Through: Mr. Sasibhusan and Mr. K. Sandhyarani, Advocates. versus M/S DALMIA CEMENT (BHART) LTD .....Respondent Through: Mr. Rishi Agrawala, Mr. Pratham Vir Agarwal and Mr. Nilay Gupta, Advocates. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) 1. The present Petition, filed under Section 11 of the Arbitration and Conciliation Act, 1996 [“Act”], seeks the appointment of a Sole Arbitrator in terms of Clause 28 of the Service Agreement dated 16.01.2023 [“Agreement”] to adjudicate the disputes inter se parties. The said Clause reads as under: “28. Dispute Resolution And Jurisdiction: It agreed and understood between the Parties that in the event of any dispute or differences arising out of or relating to or with reference to or in connection with this Order, including its termination, the same shall be referred to the jurisdiction of the courts at New Delhi only. It is further, agreed and understood between the Parties that in case of any dispute arising out of this Order, the Parties shall refer the disputes to arbitration for the adjudication by a Sole Arbitrator appointed by Employer and the seat of arbitration shall be at New Delhi only.” 2. Learned counsel appearing for the Petitioner also draws the Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA Signing Date:12.05.2026 ARB.P. 549/2026 Page 1 of 6 16:34:39 attention of this Court to a Legal Notice dated 08.10.2025, which is stated to be the Notice under Section 21 of the Act, invoking the said Arbitration Clause. 3. Learned counsel appearing for the Respondent, on instructions