M/S Pawan Kumar vs Public Work Department, Gnctd Through The Executive Engineer, Hmd (C), Unit-I, Pwd,
- Court
- Delhi High Court
$~28
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IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of Decision: 31.08.2026
# CNR No.DLHC010403192026
ARB.P. 1533/2026
+
M/S PAWAN KUMAR .....Petitioner
Through: Mr. Vijay Kumar and Mr. Sandeep
Singh Mahar, Advocates.
versus
PUBLIC WORK DEPARTMENT, GNCTD THROUGH THE
EXECUTIVE ENGINEER, HMD (C), UNIT-I, PWD .....Respondent
Through: Mr. Ganesh Yashwant Tidke,
Assistant Engineer (P) (ID Card
No.26/2024), Public Works
Department, Government of Delhi.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
Oral
SACHIN DATTA, J. ( )
IA No.23471/2026 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
ARB.P. 1533/2026
3. The present petition has been filed under Section 11(6) of the
Arbitration and Conciliation Act, 1996 (“ A&C Act ”) seeking appointment
of a sole Arbitrator to adjudicate the disputes between the parties.
4. The disputes between the parties have arisen in the context of
Agreement No. 73/EE/HMD(Central)/2018-19 executed between the parties,
in respect of the work of construction of Effluent Treatment Plant (“ ETP ”)
Page 1 of 4
ARB.P. 1533/2026
Signature Not Verified
Digitally Signed
By:ABHISHEK THAKUR
Signing Date:03.09.2026
18:18:53
at MAMC, diversion of sewer line from residential quarters of G.B. Pant to
Police Post, construction of collection tank at Mortuary for diversion of
sewage to ETP at P.G. Women’s Hostel, distribution of water supply line for
treated water flushing, AC Cooling Tower and horticulture gardening to
attain zero discharge at MAMC.
5. Clause 25 of the said Agreement contains the arbitration agreement
between the parties.
6. Disputes having arisen between the parties, a notice of invocation
dated 17.06.2026 was issued by the petitioner to the respondent. The same
reads as under:
“17.06.2026
THROUGH SPEED POST/EMAIL
The Chief Engineer,
PWD Health Zone,
nd
2
Floor, MSO Building, I.P. Estate,
New Delhi-110002
Email:
[email protected]
Subject: Notice under Clause 25 of the Agreement read with Section 21
of the Arbitration & Conciliation Act, 1996 for seeking appointment of
an Arbitrator for adjudication of disputes regarding:
Name of Work: - Construction of Effluent treatment plant at
MAMC Diversion of sewer line from residential quarters of
G.B. Pant to Police Post, C/o collection tank at Mortuary for
diversion of sewage to ETP at P.G. Women’s Hostel,
distribution of water supply line for treated water flushing,
AC Cooling tower and horticulture gardening to attain zero
Discharge at MAMC.
[Agreement No. 73/EE/HMD(C)/2018-19]
Ref:
a) Our last letter dated 25.05.2026 amongst others.
b) Alleged Final Bill
Dear Sir,
Page 2 of 4
ARB.P. 1533/2026
Signature Not Verified
Digitally Signed
By:ABHISHEK THAKUR
Signing Date:03.09.2026
18:18:53
It is in continuation to our last letter dated 25.05.2026 amongst others,
for settlement of disputes under Clause 25 of the Agreement which
proved abortive for want of your response to the said letters, it is
pertinent to mention that our all previous letters amongst the last letter
dated 25.05.2026, proved abortive.
2) Now at this stage, aggrieved with your non-response on the subject
matter, we are constrained to move this instant application
For Pawan Kumar
Sd/-
Prop./Auth. Sign.”
7. No response thereto was given by the respondent to the petitioner.
8. In the circumstances, the present petition has been filed.
9. Issue notice.
10. The aforesaid authorized representative of the respondent accepts
notice, on behalf of the respondent, and submits, on instructions, that he has
no objection to an independent sole Arbitrator being appointed to adjudicate
the disputes between the parties. The same is also mandated in terms of the
dicta laid down by the Supreme Court in Perkins Eastman Architects DPC
v. HSCC (India) Ltd. , (2020) 20 SCC 760, TRF Limited v. Energo
Engineering Projects Ltd. (2017) 8 SCC 377, and Bharat Broadband
Network Limited v. United Telecoms Limited , 2019 SCC OnLine SC 547
and Hindustan Construction Co. Ltd. v. Bihar Rajya Pul Nirman Nigam
Ltd. , (2026) 3 SCC 264.
11. Accordingly, Ms. Justice (Retd.) Deepa Sharma (Mob No. +91
9910384631), former judge, High Court of Delhi, is appointed as the Sole
Arbitrator to adjudicate the disputes between the parties.
12. The learned Sole Arbitrator may proceed with the arbitration
proceedings subject to furnishing to the parties the requisite disclosure as
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ARB.P. 1533/2026
Signature Not Verified
Digitally Signed
By:ABHISHEK THAKUR
Signing Date:03.09.2026
18:18:53
required under Section 12 of the A&C Act.
13. Let the arbitration take place under the aegis of and as per the rules of
DIAC.
14. All rights and contentions of the parties in relation to the claims/
counter-claims are kept open, to be decided by the learned Arbitrator on
their merits, in accordance with law.
15. The respondent shall be entitled to raise preliminary objections as
regards jurisdiction/ arbitrability, which shall be decided by the learned Sole
Arbitrator, in accordance with law.
16. Needless to say, nothing in this order shall be construed as an
expression of this Court on the merits of the case.
17. The petition stands disposed of in the above terms.
SACHIN DATTA, J
AUGUST 31, 2026/r, sd
Page 4 of 4
ARB.P. 1533/2026
Signature Not Verified
Digitally Signed
By:ABHISHEK THAKUR
Signing Date:03.09.2026
18:18:53