M/S Srex Power India Private Limited vs M/S Asf Insignia Sez Private Limited

Court
Delhi High Court

$~6 & 39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Date of Decision: 6 November, 2026
# CNR No. DLHC010301972026
+ ARB.P. 1137/2026
M/S SREX POWER INDIA PRIVATE LIMITED .....Petitioner
Through: Ms. Kirti Mewar and Ms. Kriti
Sharma, Advocates.
versus
M/S ASF INSIGNIA SEZ PRIVATE LIMITED .....Respondent
Through: Dr. Amit George, Mr. Sambit Nanda,
Ms. Sanskrti Bansal and Mr. Arnav
Bhansali, Advocates.
39
+ O.M.P.(I) (COMM.) 528/2026, I.A. 30940/2026, I.A. 30941/2026 &
I.A. 30942/2026
ASF INSIGNIA SEZ PVT. LTD. .....Petitioner
Through: Dr. Amit George, Mr. Sambit Nanda,
Ms. Sanskrti Bansal and Mr. Arnav
Bhansali, Advocates.
versus
SREX POWER INDIA PVT. LTD. .....Respondent
Through: Ms. Kirti Mewar and Ms. Kriti
Sharma, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. Both these petitions, being related to the same subject matter, have
been taken up together and with the consent of both the parties are being
disposed of by this common order.
2. M/s Srex Power India Private Limited (in short M/s SPIPL) has filed
petition (ARB.P. 1137/2026) under Section 11(5) and (6) of Arbitration and
Conciliation Act, 1996 (hereinafter referred to as ‘said Act’ ). It seeks
appointment of a sole arbitrator to adjudicate the disputes and differences
which have arisen between the parties in relation to Work Contract dated
Signature Not Verified
ARB.P. 1137/2026 & O.M.P.(I) (COMM.) 528/2026 1

Digitally Signed
By:SONIA THAPLIYAL
Signing Date:06.11.2026
18:46:45

01.03.2019, and subsequent amendment/communication in respect to the
work in question, including addendum dated 02.05.2019.
3. The abovesaid Work Contract contains clause with respect to dispute
resolution which reads as under:-
“20.0 Dispute Resolution
That all disputes arising out of or In any way connected with this Contract
shall be resolved through arbitration as mentioned in the General
Conditions of Contract and that the same shall be deemed to have arisen in
Delhi and the courts at Delhi alone shall have the jurisdiction to determine
the same. The seat of arbitration shall be New Delhi.”

4. The relevant applicable clause of General Conditions of Contract
(GCC) reads as under:-
61. ARBITRATION
61.1 If any dispute, difference and/or claims of any nature whatsoever
arises out of, in connection with, or in relation to the Contract
Agreement, the Owner and the Contractor shall promptly and in good
faith attempt to negotiate and resolve the same.
61.2 In the event no amicable resolution or settlement is reached
within a period of fifteen {15) days from the date on which the dispute(s)
or difference(s) arose, such dispute(s) or difference(s) shall be referred
to and settled by arbitration in accordance with the Indian Arbitration
and Conciliation Act, 1996 and the rules made thereunder, as then in
force, before a mutually acceptable sole arbitrator. In the event the
Owner and the Contractor fail to appoint a mutually acceptable sole
arbitrator within 30 days from the date of notice for arbitration, either
party shall be entitled to seek appointment of a sole arbitrator from the
High Court of New Delhi in accordance with the provisions of the
Indian Arbitration and Conciliation Act, 1996.
61.3 The seat of the arbitration shall be at New Delhi, India. English
language shall be used throughout the arbitral proceedings.
61.4 The decision of the arbitrator shall be binding and conclusive
upon each of the parties and may be enforced In any court of competent
jurisdiction, as provided herein. The parties to the arbitration shall
initially equally share the costs and expenses of any such Arbitration,
and upon pronouncement of the Award such cost shall be borne/paid/
made good by the Party held to be in default in the Award.
61.5 The existence of any dispute(s) or difference(s) or initiation or
continuance of the arbitration proceedings shall not permit the
Contractor to postpone or delay the performance of his respective
obligations pursuant to the Contract Agreement.
Signature Not Verified
ARB.P. 1137/2026 & O.M.P.(I) (COMM.) 528/2026 2

Digitally Signed
By:SONIA THAPLIYAL
Signing Date:06.11.2026
18:46:45


62 JURIDICTION
All matters arising out of or in any way connected with the Contract
Agreement shall be deemed to have arisen in New Delhi and subject to
the Arbitration Clause (Clause 63), only the Courts In New Delhi alone
shall have exclusive jurisdiction to determine the same.

5. M/s SPIPL has already invoked arbitration by sending a notice under
Section 21 of said Act on 18.12.2025 which has, even been, replied by the
respondent- M/s ASF Insignia Sez Private Limited (in short M/s ASF) in
which they have refuted the averments and the claims of M/s SPIPL.
6. It will be, however, worthwhile to mention that when the abovesaid
petition seeking appointment of arbitrator was taken up by this Court on
14.09.2026, the parties were referred to Mediation and it was also agreed that
if the parties failed to arrive at any amicable resolution of the matter, the
Court would appoint any independent sole arbitrator on the next date of
hearing.
7. Admittedly, there was no positive outcome of the Mediation.
8. In the interregnum, M/s ASF has also filed a petition under Section 9 of
said Act which came up for consideration today before another Bench of this
Court and as per the order of Hon’ble Judge-In-Charge, the abovesaid petition
has, now, been placed before this Court.
9. Dr. Amit George, learned counsel for M/s ASF Insignia Sez Private
Limited, on instructions, and without prejudice to his rights and contentions
states that he would have no objection if an arbitrator is appointed. He,
however, reserves all his rights and contentions including those related to
preliminary objections and raising of any counter claim, if required. He also,
in all fairness, submits that in view of his such ‘ no objection ’, he would not
press his petition under Section 9 of said Act before this Court. He, however,
Signature Not Verified
ARB.P. 1137/2026 & O.M.P.(I) (COMM.) 528/2026 3

Digitally Signed
By:SONIA THAPLIYAL
Signing Date:06.11.2026
18:46:45

states that the abovesaid petition be treated as one filed under Section 17 of
said Act and learned Arbitral Tribunal be requested to take up the abovesaid
petition and to dispose of the same, as expeditiously as possible.
10. In view of the above and with the consent of learned counsel for both
the parties, both the petitions are disposed of with the following directions:-
i) The disputes between the parties concerning Work Contract dated
01.03.2019, and subsequent amendment/communication in respect to the
work in question, including addendum dated 02.05.2019 are referred to
Arbitration.
ii) Justice G.S. Sistani, former Judge of this Court is appointed Sole
Arbitrator to adjudicate all such disputes.
iii) The Arbitration will be held under the aegis of Delhi International
Arbitration Centre (DIAC) and would be governed by the Rules of DIAC.
The fee of the Arbitrator shall be fixed as per fee schedule under DIAC
(Administrative Cost and Arbitrator’s fees) Rules 2018.
iv) The learned Arbitrator is requested to furnish a declaration in terms of
Section 12 of Arbitration and Conciliation Act, 1996, prior to entering into
the reference.
v) It is made clear that all the rights and contentions of the parties,
including as to the arbitrability of the claim and any other preliminary
objections , including raising of counter-claim as well as merits of claim or
counter claim, if any, are left open for adjudication by the learned Arbitrator.
vi) The petitioner would report to the Coordinator of DIAC within two
weeks.
vii) The petition filed by M/s ASF i.e. O.M.P.(I) (COMM.) 528/2026 is
directed to be treated as one filed under Section 17 of Arbitration and
Signature Not Verified
ARB.P. 1137/2026 & O.M.P.(I) (COMM.) 528/2026 4

Digitally Signed
By:SONIA THAPLIYAL
Signing Date:06.11.2026
18:46:45

Conciliation Act, 1996 . Both the sides would render their requisite assistance
and cooperation to learned Sole Arbitrator so that same is disposed of as
expeditiously as possible.
11. A copy of this order be sent to learned Sole Arbitrator for due
information.

(MANOJ JAIN)
JUDGE
NOVEMBER 6, 2026/ss/sa
Signature Not Verified
ARB.P. 1137/2026 & O.M.P.(I) (COMM.) 528/2026 5

Digitally Signed
By:SONIA THAPLIYAL
Signing Date:06.11.2026
18:46:45