Disposed¶22

M/S Thermal Engineers and Insulators Pvt. Ltd. v. Govt of NCT of Delhi

Delhi HC17 Nov 2025ARB.P./1916/2025

Case brief

AI extract

What is this about?

Section 11(6) Arbitration and Conciliation Act 1996; appointment of sole arbitrator; Section 21 demand notice unanswered; Clause 25 arbitration clause; Contract Agreement dated 31.10.2023; street and side drain improvement works Pratap Garden Uttam Nagar; Govt of NCT of Delhi; DIAC-administered arbitration; DIAC Schedule of Fees; disclosure Section 12(2); sole arbitrator Meha Aggarwal; claim exceeding Rs.85,00,000/-; Delhi High Court ARB.P. 1916/2025; Subramonium Prasad J; 17.11.2025.

What did the court decide?

Petition disposed of with appointment of Ms. Meha Aggarwal as Sole Arbitrator; arbitration to proceed under DIAC aegis with DIAC fee schedule; disclosure under Section 12(2) within two weeks of entering reference; all rights and contentions left open. ¶22

M/S Thermal Engineers and Insulators Pvt. Ltd. Vs Govt of NCT of… — Arbitration | Delhi HC (2025)

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether an Arbitrator should be appointed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to adjudicate the disputes that have arisen between the parties under the Contract Agreement dated 31.10.2023.

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Court's answer

Because disputes have arisen between the parties and the Agreement contains an arbitration clause, the Court was inclined to appoint an Arbitrator to adjudicate the disputes.

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Ratio / Principle

Ms. Meha Aggarwal, Advocate, was appointed as Sole Arbitrator to adjudicate the disputes between the parties.

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Key takeaways

The arbitration shall take place under the aegis of the Delhi International Arbitration Centre (DIAC) and abide by its rules and regulations.ratio¶18
The learned Arbitrator is entitled to fees as per the Schedule of Fees maintained by DIAC.ratio¶18
The learned Arbitrator is requested to file the requisite disclosure under Section 12(2) of the Arbitration & Conciliation Act within two weeks of entering the reference.ratio

Detailed headnote1 paragraphs

Arbitration Petition (ARB.P. 1916/2025), High Court of Delhi (Subramonium Prasad, J), decided 17.11.2025. Petition by M/S Thermal Engineers and Insulators Pvt Ltd under Section 11(6) of the Arbitration and Conciliation Act, 1996 against Govt of NCT of Delhi, seeking appointment of an Arbitrator for disputes under Contract Agreement dated 31.10.2023 for improvement of streets and side drains at Pratap Garden, Uttam Nagar Assembly Constituency. A notice dated 05.07.2025 under Section 21 of the Act invoking Clause 25 of the Agreement went unanswered. Finding that disputes had arisen and an arbitration clause existed, the Court appointed Ms. Meha Aggarwal, Advocate, as Sole Arbitrator; arbitration to be conducted under the aegis of DIAC per its rules, fees per DIAC Schedule of Fees; disclosure under Section 12(2) within two weeks of entering the reference; all rights and contentions on claims/counter-claims kept open for the Arbitrator; no expression of opinion on merits. Petitioner stated over Rs.85,00,000/- was due and payable by the Respondent.

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$~60

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 1916/2025

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M/S THERMAL ENGINEERS AND INSULATORS PVT LTD

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.....Petitioner Through: Ms. Sanjam Chaba, Mr. Nitesh Mehra and Ms. Hittakshi Mehra , Advocates

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versus

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GOVT OF NCT OF DELHI .....Respondent Through: Mr. Anubhav Gupta, Panel Counsel (Civil) Ms. Rachita Garg, Advocate

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CORAM:

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HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R

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% 17.11.2025

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This Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator to adjudicate on the disputes which have arisen between the parties under the Contract Agreement dated 31.10.2023.

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It is stated that under the said Agreement, the Petitioner was awarded the work of improvement of streets and side drains at Pratap Garden, Uttam Nagar Assembly Constituency. It is stated that disputes have arisen between the parties with respect to the Claims raised by the Petitioner. It is stated by the learned Counsel for the Petitioner that as on date more than Rs.85,00,000/- is due and payable by the Respondent.

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A notice dated 05.07.2025 under Section 21 of the Arbitration and Conciliation Act, 1996, was sent by the Petitioner to the Respondents invoking Arbitration under Clause 25 of the Agreement dated 31.10.2023. It is stated that the Respondents have not replied to the said Notice. The

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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 21/11/2025 at 11:55:08

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Petitioner has, therefore, approached this Court by filing the present Petition. 4. In view of the fact that disputes have arisen between the parties and there is an arbitration clause in the Agreement, this Court is inclined to appoint an Arbitrator to adjudicate upon the disputes between the parties. 5. Accordingly, Ms. Meha Aggarwal, Advocate (Mob: 9958423141) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties.

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The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and would abide by its rules and regulations. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.

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The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the Arbitration & Conciliation Act within two weeks of entering the reference.

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All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law.

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Needless to say, nothing in this order shall be construed as an expression on the merits.

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The present petition stands disposed of in the above terms along with pending application(s), if any.

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SUBRAMONIUM PRASAD, J

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NOVEMBER 17, 2025/ Rahul

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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 21/11/2025 at 11:55:08

M/S Thermal Engineers and Insulators Pvt. Ltd. v. Govt of NCT of Delhi

Case brief

What is this about?

What did the court decide?

M/S Thermal Engineers and Insulators Pvt. Ltd. v. 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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