Disposed¶27

M/S Dharamvir and Company v. Delhi Development Authority

Delhi HC24 Mar 2026O.M.P. (T) (COMM.)/111/2025

Case brief

AI extract

What is this about?

Substitute Arbitrator appointment under Section 15 Arbitration and Conciliation Act 1996; recusal of earlier Arbitrator by Order dated 19.09.2025; Mr. R. V. Prabhat, Advocate appointed; arbitration under aegis of DIAC; disclosures under Section 12(2) within a week of entering reference; arbitrator fee per law shared equally; adjustment/refund of DIAC fees denied; rights and contentions kept open; Petitioner M/s Dharamvir and Company; Respondent Delhi Development Authority; petition disposed.

What did the court decide?

Appointment of Mr. R. V. Prabhat, Advocate as Substitute Arbitrator (arbitration under the aegis of DIAC); prayer for adjustment/refund of fees paid to DIAC denied; petition disposed of along with pending Application(s), if any. ¶27

M/S Dharamvir and Company Vs Delhi Development Authority — Arbitration | Delhi HC (2026)

What the court decided

AI extract

Outcome

¶27

Issue for consideration

Whether a Substitute Arbitrator should be appointed under Section 15 of the Arbitration and Conciliation Act, 1996 following the recusal of the earlier Arbitrator. +1 more

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Court's answer

Mr. R. V. Prabhat, Advocate is appointed as the Substitute Arbitrator to adjudicate the disputes between the parties, with the arbitration to be held under the aegis of the DIAC.

¶19

Ratio / Principle

The learned Sole Arbitrator may proceed with the arbitration proceedings subject to furnishing to the parties the requisite disclosures required under Section 12(2) of the Act within a week of entering the reference.

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Key takeaways

No case is made out for grant of the relief of adjustment or refund of fees paid to DIAC, given the advanced stage of the proceedings, completion of pleadings, and the recusal occurring amid persistent allegations by the Petitioner.ratio¶26
The learned Sole Arbitrator is entitled to fees in accordance with the law, and the parties shall share the arbitrator's fee and arbitral costs equally.ratio¶22
All rights and contentions of the parties are kept open and shall be adjudicated by the learned Sole Arbitrator on their own merits, in accordance with law.

Detailed headnote1 paragraphs

Delhi High Court (Harish Vaidyanathan Shankar, J.), Order dated 24.03.2026 in O.M.P. (T) (COMM.) 111/2025 — M/s Dharamvir and Company v. Delhi Development Authority. Petition under Section 15 of the Arbitration and Conciliation Act, 1996 seeking appointment of a Substitute Arbitrator after the earlier Arbitrator recused herself by Order dated 19.09.2025 of the previously constituted Arbitral Tribunal. Court appointed Mr. R. V. Prabhat, Advocate as Substitute Arbitrator; arbitration to be held under the aegis of the DIAC; Sole Arbitrator to furnish requisite disclosures under Section 12(2) of the Act within a week of entering the reference; arbitrator entitled to fees in accordance with the law, with fee and arbitral costs shared equally by the parties; all rights and contentions kept open for adjudication by the Sole Arbitrator. Prayer for adjustment/refund of fees paid to DIAC rejected: proceedings had reached an advanced stage with pleadings completed, and the recusal occurred in the backdrop of persistent allegations levelled by the Petitioner. Petition, along with pending Application(s), if any, disposed of.

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$~46

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- O.M.P. (T) (COMM.) 111/2025

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M/S DHARAMVIR AND COMPANY .....Petitioner

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Through: Mr. G.L. Verma, Advocate.

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versus

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DELHI DEVELOPMENT AUTHORITY .....Respondent Through: Mr. Sanjay Vashishtha and Mr. Siddhartha Goswami, Advocates

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CORAM:

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HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

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O R D E R

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% 24.03.2026

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The present Petition, under Section 15 of the Arbitration and Conciliation Act, 1996 [ “Act” ], seeks appointment of a Substitute Arbitrator.

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Learned counsel for the Petitioner draws the attention of this Court to the Order dated 19.09.2025 of the previously constituted Arbitral Tribunal, whereby the earlier learned Arbitrator has recused herself from the matter for the reasons stated therein. Learned counsel for the Petitioner also prays for the relief of adjustment/refund of the fee paid to the Delhi International Arbitration Centre [ “DIAC” ].

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Learned counsel for the Respondent submits that he has no objection to the prayer, insofar as the appointment of a Substitute Arbitrator is concerned.

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In view of the foregoing, and in the interest of justice, this Court is of the opinion that it shall be appropriate, at this stage, to appoint a

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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 30/03/2026 at 16:06:53

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Substitute Arbitrator.

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Accordingly, Mr. R. V. Prabhat, Advocate (Mobile No. 8001622962) is appointed as the Substitute Arbitrator to adjudicate the disputes between the parties. The arbitration will be held under the aegis of the DIAC.

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The learned Sole Arbitrator may proceed with the arbitration proceedings, subject to furnishing to the parties the requisite disclosures as required under Section 12(2) of the Act within a week of entering the reference.

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The learned Sole Arbitrator shall be entitled to fees in accordance with the law.

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The parties shall share the learned sole Arbitrator‟s fee and arbitral costs equally.

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All rights and contentions of the parties are kept open and shall be adjudicated by the learned Sole Arbitrator on their own merits, in accordance with law.

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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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Further, with respect to the prayer for adjustment/refund of arbitration fees, this Court takes notice of the facts that the arbitral proceedings had already reached an advanced stage and the pleadings between the parties stood completed. It is further noted that the recusal of the learned Arbitrator occurred in the backdrop of persistent allegations levelled by the Petitioner.

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In view of the aforesaid facts, this Court is of the opinion that no case is made out for grant of the relief with respect to adjustment or refund of fees paid to DIAC.

¶27

In the aforesaid terms, the present Petition, along with pending Application(s), if any, stands disposed of.

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HARISH VAIDYANATHAN SHANKAR, J. MARCH 24, 2026/rk/dj

¶29

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 30/03/2026 at 16:06:53

M/S Dharamvir and Company v. Delhi Development Authority

Case brief

What is this about?

What did the court decide?

M/S Dharamvir and Company v. Delhi Development Authority

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

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