Disposed

Mr. Ashok Kumar v. I and Fc Department Govt. of NCT of Delhi

Delhi HC4 Jul 2025ARB.P./898/2025

Case brief

AI extract

What is this about?

Petition for appointment of an arbitrator in a dispute arising from an agreement between a contractor and a government department. Both parties agreed to arbitration but required the arbitrator to meet Clause 25 GCC qualifications; the court referred nomination to DIAC.

What did the court decide?

Matter referred to DIAC for nomination of a qualified arbitrator; arbitration under DIAC rules with disclosure under Section 12(2).

Mr. Ashok Kumar Vs I and Fc Department Govt. of NCT of Delhi — Arbitration | Delhi HC (2025)

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$~O-5

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 898/2025

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MR. ASHOK KUMAR

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.....Petitioner

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Through: Mr. Avinash Trivedi and Mr. Rahul Aggarwal, Advs.

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versus

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I AND FC DEPARTMENT GOVT.

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OF NCT OF DELHI .....Respondent Through: Mr. Dhruv Rohatgi, Ms. Chandrika Sachdev and Mr. Dhruv Kumar, Advs.

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CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 04.07.2025

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Heard learned counsel appearing for the parties.

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The parties are ad idem for the appointment of an arbitrator to adjudicate the dispute. Learned counsel on behalf of the respondent, however, contends that the Arbitrator must fulfill the qualifications as per Clause 25 of the GCC of the Agreement No. EE/CD-X/ACS/2019-20/21. 3. Accordingly, since the Arbitrator has to meet the specific qualification as stated in Clause 25, therefore, the Court deems it appropriate to refer the matter to the Delhi International Arbitration Centre (DIAC) for nomination of a qualified Arbitrator, who fulfils the specific qualifications. 4. The arbitration would take place under the aegis of the DIAC and would abide by its rules and regulations. The learned Arbitrator shall be

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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 09/07/2025 at 11:29:45

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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 and Conciliation Act within a week of entering on reference.

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The registry is directed to send a receipt of this order to the learned arbitrator through all permissible modes, including through e-mail.

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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 of opinion of this Court on the merits of the controversy between the parties. Let a copy of the said order be sent to the Arbitrator through the electronic mode as well.

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Accordingly, the petition stands disposed of.

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PURUSHAINDRA KUMAR KAURAV, J

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JULY 4, 2025 aks/mj

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Click here to check corrigendum, if any

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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 09/07/2025 at 11:29:45

Mr. Ashok Kumar v. I and Fc Department Govt. of NCT of Delhi

Case brief

What is this about?

What did the court decide?

Mr. Ashok Kumar v. I and Fc Department Govt. of NCT of Delhi

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

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