NKG INFRASTRUCTURE LIMITED vs UNION OF INDIA

Judgment text excerpt

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 18.05.2026 + O.M.P. (T) (COMM.) 54/2026 NKG INFRASTRUCTURE LIMITED .....Petitioner Through: Mr. Pradeep Chhindra, Mr. Parth Dhawan and Ms. Pratibha Rathi, Advocates versus UNION OF INDIA .....Respondent Through: Mr. Abhishek Gupta, CGSC with Mr. Kumar Kartikeya, Mr. Chanakya Kene and Mr. Dhananjay Singh, Advocates. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) 1. The present petition has been filed under Section 14 read with Section 15 of the Arbitration and Conciliation Act, 1996 [“Act”], seeking the appointment of a substitute Arbitrator in substitution of the current learned Arbitrator. 2. Learned counsel appearing on behalf of the parties are ad idem that the learned Arbitrator has not been conducting the proceedings in a fair manner. They are also ad idem that orders have been passed behind the back of the parties, and in fact, the progress of the arbitral proceeding is woefully inadequate and falls short of the requirement and mandate of the Act. Signature Not Verified Digitally Signed By:HARVINDER KAUR O.M.P. (T) (COMM.) 54/2026 Page 1 of 2 BHATIA Signing Date:19.05.2026 15:13:23 3. Since learned counsel appearing on behalf of the parties are ad idem that there is an imminent and urgent need for the learned Arbitrator to be substituted, this Court is of the considered opinion that it will be necessary to ensure that the said learned Arbitrator is substituted in terms of the provisions of the Act. 4. Accordingly, this Court requests Mr. Hanif Mohammad, Advocate (Mobile No.9818238292), to enter into the reference as the learned substitute Arbitrator to adjudicate the disputes as between the parties. 5. The Registry is directed to send a receipt of this order to the learned