Disposed¶30

M/S Intelligent Communication Systems India Ltd. Icsil v. M/S Labour Department Govt. of NCT of Delhi

Delhi HC17 Sept 2025ARB.P./1428/2025

Case brief

AI extract

What is this about?

ARB.P. 1428/2025, Delhi High Court, Jyoti Singh J., 17.09.2025 - Section 11(6) Arbitration and Conciliation Act 1996; appointment of Sole Arbitrator (Ms. Shreya Mathur, Advocate); arbitration clause 17 of Contract Agreement dated 12.03.2018 between ICSIL and Labour Department GNCTD; back-to-back wage/statutory dues liability under Clause 10; arbitration invoked 23.10.2024; fee per Fourth Schedule; Section 12 disclosure; no opinion on merits; I.A. 22454/2025 - 19-day refiling delay condoned under Section 151 CPC.

What did the court decide?

Appointment of Ms. Shreya Mathur, Advocate as Sole Arbitrator to adjudicate the disputes between the parties; condonation of 19 days' delay in refiling the petition. ¶30

M/S Intelligent Communication Systems India Ltd. Icsil Vs M/S… — Arbitration | Delhi HC (2025)

What the court decided

AI extract

Outcome

Appointment of Ms. Shreya Mathur, Advocate as Sole Arbitrator to adjudicate the disputes between the parties; condonation of 19 days' delay in refiling the petition.

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Issue for consideration

Whether a Sole Arbitrator should be appointed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to adjudicate disputes arising under the Contract Agreement dated 12.03.2018 containing arbitration clause 17. +1 more

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Court's answer

The existence of the arbitration agreement between the parties is not disputed; the Respondent, while disputing the claim on merits, fairly does not dispute the existence of the arbitration agreement.

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Ratio / Principle

With the consent of the parties, Ms. Shreya Mathur, Advocate is appointed as the Sole Arbitrator to adjudicate the disputes between the parties.

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Key takeaways

Fee of the Arbitrator shall be fixed as per Fourth Schedule of 1996 Act.ratio¶23
The Learned Arbitrator shall give disclosure under Section 12 of the 1996 Act before entering upon reference.ratio¶24
The Court has not expressed any opinion on the merits of the case; all rights and contentions of the respective parties are left open.obiter

Detailed headnote1 paragraphs

Delhi High Court (Jyoti Singh, J.), order dated 17.09.2025 in ARB.P. 1428/2025: Petition of M/s Intelligent Communication Systems India Ltd. (ICSIL), described as a joint venture of TCIL and DSIIDC empaneled for supply of contractual manpower to Delhi Government departments, under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of a Sole Arbitrator, disposed of. Disputes with Labour Department, GNCTD arose over non-payment of wages and statutory dues payable on a 'back-to-back' basis under Clause 10 of the Contract Agreement dated 12.03.2018; Petitioner invoked arbitration clause 17 on 23.10.2024 but got no response. Respondent disputed the claim on merits but did not dispute the existence of the arbitration agreement. With consent of parties, Ms. Shreya Mathur, Advocate was appointed Sole Arbitrator; her fee is to be fixed as per the Fourth Schedule of the 1996 Act and she must give disclosure under Section 12 before entering upon reference. The Court expressed no opinion on merits and left all rights and contentions open. I.A. 22454/2025 condoning 19 days' delay in refiling was allowed.

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$~5

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 1428/2025

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M/S INTELLIGENT COMMUNICATION SYSTEMS INDIA LTD. ICSIL .....Petitioner Through: Mr. Shivnath Kumar, Advocate.

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versus

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M/S LABOUR DEPARTMENT GOVT. OF NCT OF DELHI

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.....Respondent Through: Mr. Ripin Sood, Advocate.

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CORAM:

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HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 17.09.2025

I.A. 22454/2025

This application is filed by Petitioner under Section 151 of CPC seeking condonation of delay of 19 days in refiling the present petition.

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For the reasons stated in the application, the same is allowed. Delay of 19 days in refiling the present petition is condoned.

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Application stands disposed of.

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ARB.P. 1428/2025

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This petition is filed on behalf of the Petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘1996 Act’) seeking appointment of a Sole Arbitrator.

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As per the case of the Petitioner set forth in the present petition, Petitioner is a joint venture of TCIL and DSIIDC, which operates as an empaneled agency for various Delhi Government departments, providing

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ARB.P. 1428/2025

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Page 1 of 3

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/10/2025 at 12:08:00

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specialized manpower on contractual basis. Department of Industries, GNCTD, issued a circular dated 29.03.2016 for empanelment and Petitioner was selected for hiring contractual manpower and has been functioning as recruiting agency ever since. On 12.03.2018, an agreement was executed between the Petitioner and Labour Department, GNCTD and as per Clause 10 thereof, liability to pay wages and statutory dues such as ESI benefit, service tax, EPF, gratuity, etc., was on ‘back-to-back’ basis, whereby Labour Department was to discharge these liabilities, being the principal employer. Disputes arose between the parties owing to non-payment of dues and Petitioner invoked the arbitration clause on 23.10.2024 and sent a notice to the Respondent to consent for appointment of an Arbitrator, but there was no response. It is urged that in light of arbitration clause 17 in the Contract Agreement all disputes in relation to the said agreement have to be adjudicated by a Sole Arbitrator and hence, this Court may appoint the Arbitrator since Respondent has lost its right to do so. 6. Learned counsel for the Respondent, on instructions, albeit disputing the case of the Petitioner on merits, fairly does not dispute the existence of arbitration agreement for resolution of disputes arising between the parties in relation to Contract Agreement dated 12.03.2018. 7. The existence of the arbitration agreement between the parties is not disputed. Accordingly, with the consent of the parties, Ms. Shreya Mathur, Advocate (Mobile No.8527080105), is appointed as the Sole Arbitrator to adjudicate the disputes between the parties. Fee of the Arbitrator shall be fixed as per Fourth Schedule of 1996 Act.

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Learned Arbitrator shall give disclosure under Section 12 of the 1996 Act before entering upon reference.

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ARB.P. 1428/2025

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Page 2 of 3

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/10/2025 at 12:08:00

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It is made clear that this Court has not expressed any opinion on the merits of the case and all rights and contentions of the respective parties are left open.

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Petition is disposed of in the aforesaid terms.

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JYOTI SINGH, J

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SEPTEMBER 17, 2025/ RW

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ARB.P. 1428/2025

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Page 3 of 3

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/10/2025 at 12:08:00

M/S Intelligent Communication Systems India Ltd. Icsil v. M/S Labour Department Govt. of NCT of Delhi

Case brief

What is this about?

What did the court decide?

M/S Intelligent Communication Systems India Ltd. Icsil v. M/S Labour Department Govt. of NCT of Delhi

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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