M/S Zillion Infraprojects Pvt. Ltd. vs Ntpc Bhel Power Projects Pvt Ltd

Court
Delhi High Court

$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
# CNR No. DLHC010362902026
+ ARB.P. 1373/2026
M/S ZILLION INFRAPROJECTS PVT. LTD. .....Petitioner
Through: Mr. Sumit Srivaastava, Ms.
Vagisha Kashyap and Ms.
Shalu Patel, Advs.

versus

NTPC BHEL POWER PROJECTS PVT LTD .....Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
JUDGMENT(ORAL)
% 27.10.2026
1. The present petition has been filed under Section 11(4) and
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11(6) of the Arbitration and Conciliation Act, 1996 seeking
appointment of learned Arbitrator.

2. On the last date of hearing, notice was issued to the Respondent
and the Respondent was asked to file reply to the present petition.
However, the same has not been filed.

3. On a perusal of the affidavit of service filed, it appears that the
notice has been duly served on the Respondent. Despite the
opportunity so granted, none appears on behalf of the Respondent and
the Respondent has also failed to file any reply to the present petition.


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“Act” hereinafter
Signature Not Verified
Signed By:PRAGYA
ARORA
Signing Date:30.10.2026
11:28:09
ARB.P. 1373/2026 Page 1 of 6

4. In view thereof and considering that the Respondent has chosen
not to participate in the present proceedings, despite sufficient service,
this Court finds no impediment in proceeding to consider the
appointment of a Sole Arbitrator.

5. The tracking details placed on record establishes that the
Respondent has been duly served at one of the addresses. The proof of
service as reflected from the tracking details, annexed to the petition,
is as follows:



6. Clause 33 of the Purchase Order contains an arbitration clause
which is reproduced hereinbelow:

Signature Not Verified
Signed By:PRAGYA
ARORA
Signing Date:30.10.2026
11:28:09
ARB.P. 1373/2026 Page 2 of 6

33.0 SETTLEMENT OF DISPUTE AND ARBITRATION
33.1 Except as otherwise specifically provided in the Contract all
disputes concerning questions of fact arising under the
Contract shall be decided by NBPPL subject to a written
appeal by the Contractor to NBPPL, whose decision shall be
final to the parties hereto.
33.2 Any disputes or differences including those considered as
such by only one of the parties arising out of or in
connection with the Contract shall be to the extent possible
settled amicably between the parties.
33.3 If any dispute or differences of any kind whatsoever shall
arise between NBPPL and the contractor, arising out of the
contract for the performance of the work whether during the
progress of termination, abandonment or breach of the
contract, it shall be in the first place be referred to and
settled by the Engineer who within a reasonable period after
being requested shall given written notice of his decision to
the contractor. Save as hereinafter provided, such decision
in respect of every matter so referred shall forthwith be
given effect to by the contractor who shall proceed with the
work with all due diligence, whether he or NBPPL required
arbitration as hereinafter provided or not.
33.4 If after the Engineer has given written notice of this decision
to the party, no claim to arbitration has been communicated
to him by the party within 30 days from the receipt of such
notice, the said decision shall become final and binding on
the parties. In the event the contractor is dissatisfied with
any such decision or if amicable settlement cannot be
reached then all such disputed issues shall be referred to the
sole arbitration of the person appointed by the General
Manager of NBPPL.
33.5 The parties to the contract understand and agree that there
will be no objection to any such appointment that the
arbitrator so appointed is a Government servant or in the
employment of NBPPL, that he had to deal with the matters
to which the contract relates and that in the course of his
duties or any of the matter in dispute or difference as a
Government servant or as an employee of NBPPL he had
expressed views in all or any of the matter in dispute or
difference. The award of the arbitrator shall be final and
binding on the parties to this contract.
33.6 In the event of the arbitrator dying, neglecting or refusing or
resigning or transferred or being unable to act for any
reason or his award being set aside by the court for any
reason, it shall be lawful for the GM or his successor, as the
case may be, either to act himself as the arbitrator or to
appoint another arbitrator in place of outgoing arbitrator in
the matter aforesaid.
Signature Not Verified
Signed By:PRAGYA
ARORA
Signing Date:30.10.2026
11:28:09
ARB.P. 1373/2026 Page 3 of 6

33.7 The arbitrator may from time to time with the consent of
both the parties to the contract enlarge the time for making
the award.
33.8 Work under the contract shall continue during arbitration
proceeding unless NBPPL shall order the suspension or
termination thereof or any part thereof of the work or any
portion of the work.
33.9 Subject arbitration as aforesaid, shall be conducted in
accordance with the provision of The Arbitration &
Conciliation Act, 1996 or any statutory modification or re-
enactments thereof and the rules made thereunder and for
the time being in force shall apply to the arbitration
proceeding under the clause. The venue of the arbitration, if
any, shall be Delhi.

7. It is well settled that, while exercising jurisdiction under Section
11 of the Act, the scope of enquiry is confined to examining the prima
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facie existence of an arbitration agreement .

8. In the present case, this Court is of the view that a valid and
binding arbitration clause exits between the parties. there is no dispute
with regard to the existence of a valid arbitration clause between the
parties.

9. The claimed amount is stated to be Rs.1 crore 57 lakhs approx.

10. In the aforesaid circumstances, this Court finds no impediment
in appointing a Sole Arbitrator to adjudicate the disputes between the
parties.

11. Accordingly, Ms. Priya Hingorani, Senior Advocate (Mob.
No.9810001064) is appointed as a learned Sole Arbitrator to

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SBI General Insurance Co. Ltd. v. Krish Spinning 2024 SCC OnLine SC 1754

Signature Not Verified
Signed By:PRAGYA
ARORA
Signing Date:30.10.2026
11:28:09
ARB.P. 1373/2026 Page 4 of 6

adjudicate the disputes arisen between the parties. The learned Sole
Arbitrator shall enter upon the reference within three weeks from
today.

12. The learned Sole Arbitrator will proceed to the arbitration
proceedings subject to furnishing requisite disclosures as required
under Section 12(2) of the Act within three weeks of entering
reference.

13. The arbitration shall be carried under the rules and aegis of
Delhi International Arbitration Centre (“DIAC”). The learned
Arbitrator shall be entitled to fees as per the Schedule of Fees
maintained by the DIAC.

14. It shall be open to the parties to raise all pleas, including
objection as to arbitrability and jurisdiction, before the learned Sole
Arbitrator who shall decide the same in accordance with law.

15. It is clarified that the observations made herein are only for the
purpose of deciding the present petition under Section 11(6) of the
Act. The learned Sole Arbitrator shall adjudicate the disputes
independently and on their own merits, uninfluenced by any
observations contained in the present order.


16. The Registry is directed to send a receipt of this order to Ms.
Priya Hingorani, learned Arbitrator through all permissible modes
including email.

Signature Not Verified
Signed By:PRAGYA
ARORA
Signing Date:30.10.2026
11:28:09
ARB.P. 1373/2026 Page 5 of 6

17. Accordingly, the present petition is disposed of in the above
terms.


OM PRAKASH SHUKLA, J
OCTOBER 27, 2026/ gunn




Signature Not Verified
Signed By:PRAGYA
ARORA
Signing Date:30.10.2026
11:28:09
ARB.P. 1373/2026 Page 6 of 6