Petition seeking appointment of a sole arbitrator and interim relief arising from disputes over tender documents and work order. Court directed the parties to first pursue the contractual adjudication and conciliation process under the GCC, with liberty to invoke arbitration if those proceedings fail, and restrained coercive action meanwhile.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~38 & 42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 23r April, 2026
Through: Mr. Balendu Shekhar, Mr. Rajkumar Maurya, Mr. Krishna Chaitanya and Mr. Divyansh Singh Dev, Advs. M: 9999666769 versus RITES LIMITED .....Respondent Through: Mr. Balendu Shekhar, Mr. Rajkumar Maurya, Mr. Krishna Chaitanya and Mr. Divyansh Singh Dev, Advs. M: 9999666769
RITES LIMITED .....Respondent Through: Mr. Balendu Shekhar, Mr. Rajkumar Maurya, Mr. Krishna Chaitanya and Mr. Divyansh Singh Dev, Advs. M: 9999666769
Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Da te:2 5.04.2026 13:15:53
Page 1 of 5
CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA
MINI PUSHKARNA, J. (Oral):
Signature Not Verified
Page 2 of 5
Digitally Signed By:HARIOM SHARMA Signing Da te:2 5.04.2026 13:15:53
i. The petitioner shall immediately write an E-mail, to the respondent, within three days, seeking invocation of the adjudicatory process. Ii. Upon receipt of the E-mail/communication from the petitioner, the respondent shall immediately appoint an Adjudicator, in terms of Clause 12.3 of the GCC between the parties.
Signature Not Verified
Page 3 of 5
Digitally Signed By:HARIOM SHARMA Signing Da te:2 5.04.2026 13:15:53
iii. In case the adjudication proceedings between the parties fail, then, in terms of Clause 12.4, the petitioner shall be at liberty to immediately seek for conciliation process.
iv. Upon receipt of such request, the respondent shall appoint a Conciliatory Authority, in terms of Clause 12.4 of the GCC between the parties.
v. The reply dated 17th April, 2026, to Show Cause Notice dated 09th April, 2026 filed by the petitioner, shall be duly considered by the Adjudicatory/Conciliatory Authority.
vi. The petitioner is also at liberty to file a supplementary reply/document within a period of two weeks, from today.
vii. The reply/submissions, as made by the petitioner, shall be duly considered by the Adjudicatory/Conciliatory Authority appointed by the respondent.
viii. A Speaking Order shall be passed by the Conciliatory/Adjudicatory Authority after hearing the petitioner, in consonance with the Principles of Natural Justice.
ix. In case, the adjudicatory/conciliatory proceedings fail, the petitioner shall be at liberty to initiate the arbitration process, in accordance with the GCC between the parties.
x. No coercive action shall be taken against the petitioner, till the adjudicatory/conciliatory process is pending before the respondent.
xi. In case, the petitioner is aggrieved by any order passed by the respondent pursuant to the conciliatory/adjudicatory process, the petitioner is at liberty to seek remedies, in accordance with law.
Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Da te:2 5.04.2026 13:15:53
Page 4 of 5
pending applications, stand disposed of.
MINI PUSHKARNA, J
APRIL 23, 2026/KR
Signature Not Verified
Page 5 of 5
Digitally Signed By:HARIOM SHARMA Signing Da te:2 5.04.2026 13:15:53
2 issues framed by the court
Was the petition for appointment of an arbitrator premature given the GCC's adjudication and conciliation process under Clauses 12.3 and 12.4?
Should coercive action under the misdemeanour clause (Clause 14.3) be restrained pending dispute resolution?
1 provisions across 1 enactments
SARR FREIGHTS CORPORATION
RITES LIMITED
Mini Pushkarna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
