Oriental Foundry Private Limited vs Union Of India

Court
Delhi High Court

$~76
* IN THE HIGH COURT OF DELHI AT NEW DELHI
# CNR No. DLHC010514792026
+ O.M.P. (T) (COMM.) 112/2026, I.A. 29600/2026
ORIENTAL FOUNDRY PRIVATE LIMITED .....Petitioner
Through: Mr. Sanidhya Sonthalia, Mr.
Kanishk Pandey, Mr. Ashish
Mukhi and Mr. R. Sudhinder,
Advocates.

versus

UNION OF INDIA .....Respondent
Through: Mr. Shashank Dixit, CGSC
with Mr. Kunal Raj, Advocate.

CORAM:
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
ORDER (ORAL)
% 28.10.2026
1. The present petition has been filed under Section 15(2) read
with Section 15(1)(a) and 11(6) of the Arbitration and Conciliation
1
Act, 1996 seeking appointment of a substitute Arbitrator in place of
Hon’ble Mr. Justice S. Ravindra Bhat (Retd.), Former Judge, Supreme
Court of India, who was appointed by this Court as a learned Sole
Arbitrator to adjudicate the disputes between the parties.

2. The disputes between the parties arise out of Contract No.
2022/RS(I)/954/151/1884 dated 10.02.2022 executed between the
Petitioner and the Respondent for the manufacture and supply of
wagons.

1
“Act” hereinafter
Signature Not Verified
Signed By:PRAGYA
ARORA
Signing Date:04.11.2026
18:55:34
O.M.P. (T) (COMM.) 112/2026 Page 1 of 4

3. Vide order dated 21.01.2026 passed in ARB.P. 150/2026, this
Court appointed Hon’ble Mr. Justice (Retd.) S. Ravindra Bhat as the
learned Sole Arbitrator, the arbitration to be conducted under the aegis
of DIAC. By the same order, OMP(I)(COMM) 413/2025 was directed
to be treated as application under Section 17 of the Act before the
learned Arbitral Tribunal, and the interim order granted was directed
to continue till the said application is considered by the learned
Arbitral Tribunal.

4. Learned Counsel for the Petitioner submits that in the arbitral
proceedings, the pleadings stand completed and that the entire arbitral
fee stands deposited by the parties. It is submitted that the proceedings
were at the stage of framing of points for determination and hearing of
the application under Section 17 of the Act when the learned Sole
Arbitrator vide letter dated 21.09.2026 as addressed to the parties
withdrew his consent to act as the Sole Arbitrator.

5. Issue notice. Mr. Kunal Raj, learned Counsel accepts notice on
behalf of the Respondent.

6. Learned Counsel for the Respondent submits that he seeks
sometime to obtain instructions.


7. There are no instructions required in the matter as the learned
Sole Arbitrator was already appointed and as the Sole Arbitrator
recused from the arbitration proceedings, this Court finds no
impediment in appointing the substitute Arbitrator.
Signature Not Verified
Signed By:PRAGYA
ARORA
Signing Date:04.11.2026
18:55:34
O.M.P. (T) (COMM.) 112/2026 Page 2 of 4

8. Accordingly, Hon’ble Mr. Justice, Ravi Shankar Jha, (Retd.),
Mob No. 9425153362 is appointed as a learned Sole Arbitrator to
adjudicate the disputes arisen between the parties. The learned Sole
Arbitrator shall enter upon the reference within two weeks from today.

9. 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 two weeks of entering reference.

10. 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.

11. It shall be open to the parties to raise all pleas before the learned
Sole Arbitrator who shall decide the same in accordance with law.

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

13. The Registry is directed to send a receipt of this order to Mr.
Ravi Shankar Jha, learned Arbitrator through all permissible modes
including email.

14. Needless to state that the interim order passed in
Signature Not Verified
Signed By:PRAGYA
ARORA
Signing Date:04.11.2026
18:55:34
O.M.P. (T) (COMM.) 112/2026 Page 3 of 4

O.M.P.(I)(COMM.) 413/2025, as continued vide order dated
21.01.2026 passed along with Arb. P. 150/2026, shall continue to
operate in terms thereof.

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

16. Pending application(s), if any, also stand disposed of.



OM PRAKASH SHUKLA, J
OCTOBER 28, 2026/pa




Signature Not Verified
Signed By:PRAGYA
ARORA
Signing Date:04.11.2026
18:55:34
O.M.P. (T) (COMM.) 112/2026 Page 4 of 4