Dismissed¶19

M/S Ashok Kumar Contractors v. Institute of Human Behaviour and Allied Sciences

Delhi HC29 Jan 2026ARB.P./1429/2025

Case brief

AI extract

What is this about?

Keywords: Section 11(6) Arbitration and Conciliation Act 1996; appointment of Sole Arbitrator; pre-arbitration invocation steps; Clause 25 multi-tier dispute resolution mechanism; Superintending Engineer; Chief Engineer; Dispute Redressal Committee (DRC); notice for appointment of Arbitrator in prescribed proforma; dismissal as withdrawn with liberty; rights and contentions kept open; construction contract dated 24.11.2020; M/s Ashok Kumar Contractors; Institute of Human Behaviour and Allied Sciences; Delhi High Court ARB.P. 1429/2025.

What did the court decide?

Petition dismissed as withdrawn, with liberty to approach this Court at appropriate stage, if need be; rights and contentions of the parties kept open. ¶19

M/S Ashok Kumar Contractors Vs Institute of Human Behaviour and… — Arbitration | Delhi HC (2026)

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$~3

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 1429/2025

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M/S ASHOK KUMAR CONTRACTORS .....Petitioner Through: Mr. Harry Chhibber, Mr. Sanchit Gupta, Mr. Rajat Kashyap, Mr. Yati Dharna, Advocates (M:9205437671)

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versus

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INSTITUTE OF HUMAN BEHAVIOUR AND ALLIED SCIENCES

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.....Respondent Through: Mr. Tushar Sannu, SC with Ms. Ankita Bhadouriya, Ms. Ishika Jain, Advocates (M:9911991166)

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 29.01.2026

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The present is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), seeking appointment of a Sole Arbitrator for adjudication of disputes between the parties, arising out of the construction contract dated 24^th November, 2020.

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In reply, the respondent, i.e., Institute of Human Behaviour and Allied Sciences, has taken a preliminary objection that the petitioner has not invoked the arbitration as per the procedure stipulated under Clause 25 of the construction contract, as entered between the parties.

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Clause 25 of the aforesaid construction contract, stipulates that firstly, reference/letter towards the dispute is to be addressed to the Superintending Engineer, and if dispute still subsists, then the same must be appealed before the Chief Engineer. Upon the failure of the Chief Engineer to give its

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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 31/01/2026 at 13:43:54

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decision within 30 days of the said appeal or in case any party is aggrieved by decision of Chief Engineer, said party must appeal/address the same before the Dispute Redressal Committee (“DRC”), with details of entire dispute.

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Subsequent to the aforesaid, if the DRC fails to give its decision within 90 days from receipt of said appeal or in case any party is aggrieved by such decision, then the said party may give notice for appointment of an Arbitrator to the Chief Engineer, in the prescribed proforma.

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In view of the aforesaid, learned counsel for the petitioner submits that the petitioner shall duly follow the procedure, as stipulated in Clause 25 of the construction contract between the parties.

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He submits that the petitioner, thus, seeks to withdraw the present petition, with liberty to approach this Court at appropriate stage, if need be. 7. Needless to state that rights and contentions of the parties are kept open.

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Accordingly, considering the submissions made before this Court, the present petition is dismissed as withdrawn, with liberty as aforesaid.

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MINI PUSHKARNA, J

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JANUARY 29, 2026/ au

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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 31/01/2026 at 13:43:54

M/S Ashok Kumar Contractors v. Institute of Human Behaviour and Allied Sciences

Case brief

What is this about?

What did the court decide?

M/S Ashok Kumar Contractors v. Institute of Human Behaviour and Allied Sciences

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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