Tdi International India Private Limited Vs Airports Authority of… — Arbitration | Delhi HC (2026)

Tdi International India Private Limited Vs Airports Authority of… — Arbitration | Delhi HC (2026)

What the court decided

AI extract

Outcome

Appointment of Justice Ms. Poonam A. Bamba (Retd.) as sole arbitrator to adjudicate the disputes between the parties; arbitrator's fees governed by Schedule IV of the Act; arbitrator to comply with Section 12 before entering upon reference; parties free to file claims/counter claims.

Issue for consideration

Whether an arbitrator should be appointed under Section 11 of the Arbitration and Conciliation Act, 1996 on the petitioner's application, following the setting aside of the earlier arbitral award with liberty to invoke arbitration afresh.

Court's answer

Petition allowed; Justice Ms. Poonam A. Bamba (Retd.) appointed as sole arbitrator for adjudication of the disputes arising between the parties.

Ratio / Principle

The arbitrator's fees shall be governed by Schedule IV of the Act, and the arbitrator shall comply with Section 12 of the Act before entering upon reference.

Key takeaways

The Court has not expressed any opinion on the merits of the rival claims; the parties remain free to file their respective claims/counter claims before the arbitrator, to be considered in accordance with law.obiter¶18

Detailed headnote1 paragraphs

Arbitration and Conciliation Act, 1996 — Section 11 — appointment of sole arbitrator. The parties (TDI International India Private Limited and Airports Authority of India) had entered a License Agreement dated 18.04.2001 and a Supplementary Agreement For License dated 23.03.2007 for 'Advertising Right' at Hyderabad Airport Terminal Building. Their earlier arbitral award was set aside by this Court on 28.05.2024 with liberty to invoke arbitration afresh. On the petitioner's fresh Section 21 notice dated 02.08.2025 (invoking Clause 23 of the License Agreement and Clause 21 of the Supplementary Agreement For License) going unacted upon, the Section 11 petition was filed. Learned counsel for the respondent, on instructions, had no objection to reference. The Court allowed the petition and appointed Justice Ms. Poonam A. Bamba (Retd.) as sole arbitrator; fees to follow Schedule IV of the Act; arbitrator to comply with Section 12 before entering upon reference; no opinion expressed on the merits.

$~76

IN THE HIGH COURT OF DELHI AT NEW DELHI

- ARB.P. 908/2026 & I.A. 14048/2026

TDI INTERNATIONAL INDIA PRIVATE LIMITED .....Petitioner Through: Mr. Akshit Mago, Adv. (through VC).

versus

AIRPORTS AUTHORITY OF INDIA .....Respondent Through: Mr. Vaibhav Kalra, Adv. (through VC).

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN

O R D E R % 19.05.2026

The present petition is filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) for appointment of an arbitrator. 2. The brief facts are that the petitioner and the respondent entered into a License Agreement dated 18.04.2001 and a Supplementary Agreement For License dated 23.03.2007 for ‘Advertising Right’ at Hyderabad Airport Terminal Building and its oustide. During the execution of the agreements, dispute arose between the parties to the lis . Earlier arbitration proceedings were initiated and vide order dated 28.05.2024, this Court set aside the arbitral award and granted liberty to the parties to invoke arbitration afresh.

2.1 The petitioner on 02.08.2025, issued a notice under Section 21 of the Act invoking arbitration under Clause 23 of the License Agreement and Clause 21 of the Supplementary Agreement For License. On failure to the needful, the present petition was filed.

Learned counsel for the respondent on instructions has no objection

This is a digitally signed order.

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for referring the matter to arbitration.

Accordingly, the petition is allowed by appointing Justice Ms. Poonam A. Bamba (Retd.) (Mobile No.9910384678) as the sole arbitrator for adjudication of the disputes which have arisen between the parties.

The fees of the learned Arbitrator will be governed by Schedule IV of the Act. Before entering upon reference, the learned Arbitrator will comply with Section 12 of the Act.

It is made clear that since this Court has not expressed any opinion on the merits of the rival claims of the parties, it will be open for the parties to file their respective claims/counter claims before the learned Arbitrator which will be considered in accordance with law.

A copy of this order be forwarded to the learned Arbitrator for information.

AVNEESH JHINGAN, J

MAY 19, 2026 ‘JK’

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 21/05/2026 at 12:09:24