Allowed

M/S Kapoor Tent and Caterers v. Government of National Territory, Delhi & Anr.

Delhi HC4 Aug 2025ARB.P./874/2025

Case brief

AI extract

What is this about?

Petitioner sought appointment of an arbitrator for non-payment of dues for completed work orders under a GeM arbitration clause. Respondents raised no objection. The Court appointed a Sole Arbitrator, directed a Section 12 declaration and left all rights and contentions open.

What did the court decide?

Petition allowed; dispute referred to Sole Arbitrator Ms. Aditi Sabharwal, Advocate, with directions under Sections 12 and Schedule IV of the Act.

M/S Kapoor Tent and Caterers Vs Government of National Territory… — Arbitration | Delhi HC (2025)

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$~3

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 874/2025

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M/S KAPOOR TENT AND CATERERS .....Petitioner Through: Mr. Shobhit Trehan, Advocate

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versus

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GOVERNMENT OF NATIONAL TERRITORY, DELHI & ANR. .....Respondents Through: Mr. Anubhav Gupta, Advocate, Panel Counsel (Civil), GNCTD

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CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

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O R D E R % 04.08.2025

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This petition under Section 11 of the Arbitration and Conciliation Act, 1996 [hereinafter the ‘Act’], has been filed seeking appointment of an arbitrator for the adjudication of disputes between the parties.

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It is the case of the petitioner that despite completion of the assigned work orders, the respondents are not disbursing the amount due.

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The arbitration clause is given in Clause 16.2 of the General Terms and Conditions on GeM 4.0 (Version 1.10) dated 2^nd May 2023. The petitioner sent the notice for the invocation of Arbitration under the said Clause on 25^th April 2025. However, no reply was received by the petitioner. 4. On the last date of hearing, counsel for the respondent was asked to take instructions.

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Counsel returned with instructions and states that he has no objection

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Page 1 of 3

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ARB.P. 874/2025

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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 08/08/2025 at 15:11:41

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to the appointment of an arbitrator, subject to the stipulation that all rights and contentions of the respondent shall remain open.

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Accordingly, the present petition is allowed and 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:

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a. Ms. Aditi Sabharwal, Advocate (Mobile No.: 9818133126,

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Email: [email protected]), is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

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b. The Arbitrator is requested to furnish a declaration in terms of

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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.

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c. The remuneration of the Arbitrator shall be in terms of

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Schedule IV of the Act.

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

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from today.

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It is made clear that all the rights and contentions of the parties, including preliminary objections with regard to limitation and/ or arbitrability of any of the claims as well as claims/ counter-claims of either of the parties on the merits of the dispute including the defence of the respondent that no amount is due and payable to the petitioner, are left open for adjudication by the Arbitrator.

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The petition stands disposed of in the aforesaid terms.

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Pending applications, if any, stand disposed of.

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Page 2 of 3

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ARB.P. 874/2025

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

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AMIT BANSAL, J

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AUGUST 4, 2025 ds

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Page 3 of 3

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ARB.P. 874/2025

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M/S Kapoor Tent and Caterers v. Government of National Territory, Delhi & Anr.

Case brief

What is this about?

What did the court decide?

M/S Kapoor Tent and Caterers v. Government of National Territory, Delhi & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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