Akash Infra Projects Ltd. Vs Roads and Building Department, Gujarat and Anr.

This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator to adjudicate the disputes between the parties.

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The petitioner was awarded the work of "Periodical Renewal between Km. 447/910 to 475/850, 477/500 to 516/000. 516 to 520/200, 532/000 to 533/5500, 534/500 to 537/600, 554/385 to 569/600, 581/500 to 587/860 Radhanpur- Patan-Chanasma- Mahesana-Prantij section) of NH-68 in the State of Gujarat under ARP 2019-20 on EPC mode" and the work order was issued on 22.11.2019.

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The arbitration clause is Clause No. 26.3 of the GCC which reads as under:

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“Any dispute which remains unresolved between the parties

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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 30/06/2025 at 23:51:36

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through the mechanisms available/prescribed in the Agreement, irrespective ofany claim value, which has not been agreed upon/reached settlement by the parties, will be referred to the Arbitral Tribunal as per the Arbitration and Conciliation Act.”

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Since there were disputes between the parties, the petitioner invoked arbitration vide legal notice dated 18.04.2024 and thereafter, filed the present petition.

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Ms. Sinha, learned counsel appears on behalf of both the respondents has no objection to the petition being allowed.

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For the said reasons, the petition is allowed and the following directions are issued:-

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i) Justice Rajiv Shakdher (Retd. Chief Justice of High Court of Himachal Pradesh) (Mob. No. 9717495004) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

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ii) The arbitration will be held under the aegis and rules of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the ‘DIAC’).

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iii) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators’ Fees) Rules, 2018.

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iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference.

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v) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims/counter-claims and

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This is a digitally signed order.

¶26

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 30/06/2025 at 23:51:36

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merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator.

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vi) The parties shall approach the learned Arbitrator within two weeks from today.

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The present petition is disposed of in the aforesaid terms.

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JASMEET SINGH, J

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MAY 16, 2025/sp

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Click here to check corrigendum, if any

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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 30/06/2025 at 23:51:36

Akash Infra Projects Ltd. v. Roads and Building Department, Gujarat and Anr.

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Akash Infra Projects Ltd. v. Roads and Building Department, Gujarat and Anr.

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