Allowed¶21

All India Society for Environmental Cause Ngo v. Principal Chief Conservator of Forest/Hod

Delhi HC26 Feb 2026ARB.P./2081/2025

Case brief

AI extract

What is this about?

Delhi HC (Vikas Mahajan, J.) allowed Section 11 ACA 1996 petition ARB.P. 2081/2025 (decided 26.02.2026); appointed Ms. Saloni Mahajan, Advocate, as sole arbitrator under DIAC rules for NGO–GNCTD forest department disputes under agreement dated 01.09.2015 (arbitration Clauses 33(a)-(c)); respondent consented to reference; rights and contentions open.

What did the court decide?

Appointment of Ms. Saloni Mahajan, Advocate, as Sole Arbitrator; disputes between the parties referred to arbitration to be held under the aegis of DIAC per DIAC Rules, subject to a Section 12 declaration, with all rights and contentions left open. ¶21

All India Society for Environmental Cause Ngo Vs Principal Chief… — Arbitration | Delhi HC (2026)

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether a Sole Arbitrator should be appointed under Section 11(5)/Section 11 of the Arbitration and Conciliation Act, 1996 to adjudicate the disputes between the parties under the agreement dated 01.09.2015.

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Court's answer

In view of the respondent's concession regarding the existence of the arbitration clause and its instructions that the matter may be referred to arbitration, the petition is allowed.

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Ratio / Principle

The disputes between the parties are referred to arbitration of Ms. Saloni Mahajan, Advocate, as Sole Arbitrator.

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Key takeaways

The arbitration is to be held under the aegis of the Delhi International Arbitration Centre (DIAC), Delhi High Court, and governed by the Rules of DIAC including as to the remuneration of the arbitrator.ratio¶25
The learned Arbitrator is requested to furnish a declaration under Section 12 of the Act prior to entering upon the reference.ratio¶26
All rights and contentions of the parties are left open for adjudication by the learned Arbitrator; the petition stands disposed of.

Detailed headnote1 paragraphs

Arbitration and Conciliation Act, 1996 — S.11(5)/S.11 petition (ARB.P. 2081/2025, Delhi High Court, Vikas Mahajan, J., 26.02.2026) by All India Society for Environmental Cause NGO against Principal Chief Conservator of Forest/HOD (GNCTD) seeking appointment of a Sole Arbitrator for disputes under agreement dated 01.09.2015, whose Clauses 33(a)-(c) provide for sole-arbitrator adjudication appointed by the HOD, Department of Forest & Wildlife, with venue at Delhi/New Delhi; invocation notice dated 29.09.2025 unanswered. Respondent conceded existence of the arbitration clause and stated instructions that the matter may be referred. Petition allowed; Ms. Saloni Mahajan, Advocate, appointed Sole Arbitrator; arbitration under DIAC aegis governed by DIAC Rules including arbitrator remuneration; declaration under Section 12 of the Act required prior to entering upon the reference; all rights and contentions left open; petition disposed of. No costs/quantum awarded.

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$~2

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 2081/2025

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ALL INDIA SOCIETY FOR ENVIRONMENTAL CAUSE NGO .....Petitioner

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Through: Mr. Devki Nandan and Ms. Ayushi Singhal, Advs.

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versus

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PRINCIPAL CHIEF CONSERVATOR OF FOREST/HOD .....Respondent Through: Ms. Avni Singh, Adv. for GNCTD.

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CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R % 26.02.2026

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The present petition has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 [in short ‘Act’] whereby the petitioner seeks appointment of a Sole Arbitrator to adjudicate the disputes between the parties under the agreement dated 01.09.2015.

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The agreement provides for resolution of disputes by arbitration. Clauses 33(a) and 33(b) of the said agreement are arbitration clauses which read thus:

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“33(a) Any dispute or difference arising out of this contract will be resolved through joint discussion of the Authorized Representatives of the concerned parties however, if the disputes are not resolved by the joint discussions, then the matter will be referred for adjudication to a sole Arbitrator appointed by the HOD, Department of Forest & Wildlife, GNCTD.

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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 09/03/2026 at 17:00:20

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33(b) The award of the sole arbitrator shall be final and binding on all the parties. The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996 as amended from time to time.”

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A perusal of the arbitration clause no.33(c) of the said agreement shows that venue of the arbitration has been mentioned as New Delhi. The said clause reads thus:

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“ 33……

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(c) The cost of Arbitration shall be borne by the respective parties in equal proportions. During the pendency of the arbitration proceeding and currency of contract. neither party shall be entitled to suspend the work/service to which the dispute relates on account of the arbitration and payment to the contractor shall continue to be made in the terms of the contract. Arbitration proceedings will be held at Delhi/New Delhi only.”

¶18

The dispute having arisen between the parties, the petitioner invoked arbitration by giving a notice dated 29.09.2025, which did not elicit any response from the respondent. Accordingly, the present petition was filed by the petitioner under Section 11 of the Act.

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Notice in the petition was issued vide order dated 15.12.2025.

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Ms. Avni Singh, learned counsel appearing on behalf of the respondent/GNCTD submits that there is no dispute as regards the existence of arbitration clause in the agreement. She further submits that she has instructions to state that the matter may be referred to Arbitration.

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In view of the above, the petition is allowed.

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Accordingly, the disputes between the parties is referred to arbitration of Ms. Saloni Mahajan, Advocate [Enrolment no.D/2672/2019] [Mobile No: 9958407969]; [Email:[email protected]].

¶23

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 09/03/2026 at 17:00:20

¶25

The arbitration will be held under the aegis of Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi – 110003 [“DIAC”] and shall be governed by the Rules of DIAC including as to the remuneration of the learned Arbitrator.

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The learned Arbitrator is requested to furnish a declaration under Section 12 of the Act prior to entering upon the reference.

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It is made clear that all rights and contentions of the parties are left open for adjudication by the learned Arbitrator. 12. The petition stands disposed of.

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VIKAS MAHAJAN, J

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FEBRUARY 26, 2026 aj

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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 09/03/2026 at 17:00:20

All India Society for Environmental Cause Ngo v. Principal Chief Conservator of Forest/Hod

Case brief

What is this about?

What did the court decide?

All India Society for Environmental Cause Ngo v. Principal Chief Conservator of Forest/Hod

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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