Delhi High Court – Orders
Ramanand Mahto vs Ashwath Quippo Infra Projects Pvt. Ltd on 25 April, 2026
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 251/2026 & I.A. 3409/2026
RAMANAND MAHTO .....Petitioner
Through: Mr. Sanjay Bansal, Adv. (Through
VC)
M: 9810959432
Email:
[email protected]
versus
ASHWATH QUIPPO INFRA PROJECTS PVT.
LTD. .....Respondent
Through: None
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 25.04.2026
1. The present petition has been filed 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 Work Order dated 10th January, 2019, executed
between the parties.
2. Office Noting shows that the respondent has been served by the
Registry, through E-mail as well as the ordinary mode.
3. None appears for the respondent, despite service, when the matter is
called out.
4. Accordingly, this Court proceeds with the matter.
5. Learned counsel for the petitioner submits that the aforesaid Work
Order had been executed between the parties for “Pushing of MS pipe
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through trenchless pipe jacking & pushing of RCC NP4 pipe through Micro
Tunneling Method at Delhi Jal Board R1A Ashok Vihar Delhi”, whereunder,
the petitioner undertook to complete the construction work in question for
the respondent, in lieu of compensation.
6. He submits that the petitioner completed the construction work, and
consequently, raised a bill amounting to Rs. 10,78,992/- (Rupees Ten Lacs
Seventy-Eight Thousand Nine Hundred Ninety-Two Only) on the
respondent. During verification of the bill in question, the respondent
reduced the amount to Rs. 10,24,128/- (Rupees Ten Lacs Twenty-Four
Thousand One Hundred Twenty-Eight Only) vide bill dated 05th September,
2020.
7. He further submits that although the work in question was completed,
the respondent is yet the pay the balance payment amounting to Rs.
10,24,128/- (Rupees Ten Lacs Twenty-Four Thousand One Hundred
Twenty-Eight Only), along with interest on delayed payment. Thus, disputes
have arisen between the parties.
8. He draws the attention of this Court to Clause 19 of the Work Order,
to submit that there exists an Arbitration Clause between the parties, i.e.,
Clause 19 of the Work Order.
9. He further draws the attention of this Court to a notice dated 05th
December, 2024, which was issued to the respondent, thereby, invoking the
aforesaid Arbitration Clause, in terms of Section 21 of the Arbitration Act,
along with Speed Post receipt for sending the same.
10. Learned counsel for the petitioner submits that despite the same, the
respondent failed to reply to the notice dated 05th December, 2024.
11. The aforesaid Clause 19 of the Work Order dated 10th January, 2019,
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is reproduced as under:
“xxx xxx xxx
xxx xxx xxx”
12. Further, a reference may also be made to Clause 21 of the Work Order
dated 10th January, 2019, which is reproduced as under:
“xxx xxx xxx
xxx xxx xxx”
13. Perusal of the aforesaid Clauses, i.e., Clauses 19 and 21, clearly
shows that there exists a valid arbitration agreement between the parties, and
that the arbitration shall be held at Delhi/New Delhi. Further, the Courts at
New Delhi have exclusive jurisdiction.
14. At this stage, the Court records the statement of the learned counsel
appearing for the petitioner that the petitioner has a claim of approximately
Rs. 15,00,000/- (Rupees Fifteen Lacs Only).
15. Thus, this Court is satisfied that there are disputes between the parties
and there is a valid Arbitration Clause, and accordingly, the disputes are to
be adjudicated by way of referring the parties to arbitral proceedings.
16. Thus, this Court finds no impediment in appointing a sole Arbitrator
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for adjudication of the disputes between the parties, and the following
directions are issued in this regard:
i. Ms. Parul Khosla, Advocate (Mob: +91- 9899013803) is appointed as
the sole Arbitrator to adjudicate the disputes between the parties.
ii. The remuneration of the Arbitrator shall be in terms of Schedule IV of
the Arbitration Act.
iii. The learned Arbitrator is requested to furnish a declaration in terms of
Section 12 of the Arbitration Act prior to entering into the reference. In the
event of any impediment to the Arbitrator’s appointment on that count, the
parties are given liberty to file an appropriate application before this Court.
iv. It shall be open to the respondent to raise counter-claims, if any, in the
arbitration proceedings.
v. It is made clear that all the rights and contentions of the parties,
including, as to the arbitrability of any of the claim, any other preliminary
objection, as well as claims/counter-claims on merits of the dispute of either
of the parties, are left open for adjudication by the learned Arbitrator.
vi. The parties shall approach the learned Arbitrator within two (02)
weeks from today.
17. Accordingly, the present petition, along with pending application, if
any, is disposed of in the aforesaid terms.
18. The Registry is directed to send a copy of this order to the learned
Arbitrator, for information and compliance.
MINI PUSHKARNA, J
APRIL 25, 2026/KR
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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 25/04/2026 at 20:37:02