M/S Sunrise Enterprises Vs Irrigation Flood Control Department

The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, (hereinafter ‘Act’) seeking appointment of a Sole Arbitrator for the adjudication of the disputes between the parties arising out of an Agreement, which was awarded vide letter dated 12^th September, 2022 [hereinafter ‘Agreement’].

¶11

In terms of the aforesaid Agreement, the petitioner was awarded a contract by the respondent for the construction of ‘1 no. dismantle able camp office in Shikharpur at Nazafgarh Forest Rains.’

¶12

The Agreement contains an arbitration clause, i.e. Clause 25, which provides for adjudication of disputes arising between the parties by arbitration. It is stated that, as per the Agreement, the place of Arbitration is New Delhi.

¶13

Since there were disputes between the parties on account of non-

¶14

Page 1 of 3

¶15

ARB.P. 1588/2025

¶16

This is a digitally signed order.

¶17

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 19/11/2025 at 13:57:54

¶18

payment of the bills raised, the petitioner issued a notice dated 9^th November, 2024, invoking the aforesaid arbitration clause under Section 21 of the Act. However, the respondent failed to respond to the said notice.

¶19

In these circumstances, the petitioner has been constrained to approach this Court by way of the present petition.

¶20

Notice in the present petition was issued by order dated 25^th September, 2025 and two (2) weeks’ time was given to the respondent to file reply to the petition.

¶21

However, no reply has been filed on behalf of the respondent.

¶22

Since in a connected petition, being ARB. P. 1586/2025, which is between the same parties and in respect of a similar dispute, the court has appointed a Sole Arbitrator, in my view, an arbitrator has to be appointed in the present petition.

¶23

Accordingly, the dispute between the parties under the Agreement is referred to the Arbitral Tribunal comprising a Sole Arbitrator. The following directions are issued in this regard:

¶24

a. Mr. Vivek Gupta, Advocate (Mobile No.: +91- 9811088027) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

¶25

b. The remuneration of the Arbitrator shall be in terms of Schedule IV of the Act.

¶26

c. The Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference. In the event there is any impediment to the Arbitrator’s appointment on that count, the parties are given liberty to file an appropriate application before this Court.

¶27

Page 2 of 3

¶28

ARB.P. 1588/2025

¶29

This is a digitally signed order. 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 19/11/2025 at 13:57:54

¶30

d. The parties shall approach the Arbitrator within two (2) weeks from today.

¶31

It is made clear that all the rights and contentions of the parties, including the arbitrability of any of the claims and/ or counter claims, any other preliminary objections as well as claims on merits of the dispute of either of the parties, are left open for adjudication by the Arbitrator.

¶32

The petitions stand disposed of in the aforesaid terms.

¶33

All pending applications stand disposed of.

¶34

Needless to state, nothing in this order shall be construed as an expression of this Court on the merits of the case.

¶35

AMIT BANSAL, J

¶36

NOVEMBER 13, 2025

Vivek/-

Page 3 of 3

ARB.P. 1588/2025

This is a digitally signed order. 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 19/11/2025 at 13:57:54

M/S Sunrise Enterprises v. Irrigation Flood Control Department

Case brief

What is this about?

What did the court decide?

M/S Sunrise Enterprises v. Irrigation Flood Control Department

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

Similar cases

M/S Moneywise Financial Services Pvt. Ltd. Vs Mr. Raj Kumar Singh, Proprietor of Kumar Printing and Textiles and Anr.

M/S Kwality Township Pvt. Ltd. Vs M/S Apex Township Pvt. Ltd.

Mohinder Agrawal Vs Avadesh Garg and Ors.

Axis Finance Limited Vs Peeyush Nair

M/S Sunrise Enterprises Vs Irrigation and Flood Control Department

Subhash Garg & Ors. Vs Lala Ram Sharma & Ors.