Judgment · High Court

IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12529/2021 and CM APPLs.2894/2024, 16872/2024, 30913/2025 SHRI BALAJI EXIMS .....Petitioner Through: Mr. Jeevesh Nagrath, Sr. Adv., Mr. Siddharth Yadaav, Ms. Aakriti Mittal, Ms. Kashish Ahuja, Mr. Ayush Kr. Singh, Ms. Sneha Bakshiram, Mr. Rahul Yadav and Mr. Arjun Mago, Advs. versus PWD GOVT. OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Sameer Vashisht, SC (Civil), GNCTD and Ms. Harshita Nathrani, Adv., GNCTD. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA % 31.10.2025

O R D E R 1. Vide order dated 10.10.2025, it was inter-alia directed as under:

10. Be that as it may, with a view to find a solution, this Court has inquired from the learned Standing Counsel for the GNCTD as to whether the respondents would be agreeable to resolve the controversy by way of arbitration. In the opinion of this Court, it would be apposite for the parties to take this course instead of undergoing protracted legal proceedings, and especially considering that the controversy pertains to work performed at the height of the COVID pandemic. If the controversy is allowed to continue to fester, it would not only be detriment to the petitioner, but would also not reflect well on the GNCTD.

Today, it is informed by Mr. Sameer Vashisht, learned Standing Counsel that having examined the matter, the Law Department, GNCTD has instructed as follows:- 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 06/11/2025 at 13:12:24 “In view of the above, it would be advisable that the matter be referred to arbitration, and the Department may accordingly apprise the Hon’ble High Court before the next date of hearing.”

In view of the aforesaid, respective counsel for the parties jointly request that the matter be referred to arbitration and a Sole Arbitrator be appointed in these proceedings itself to adjudicate the dispute/s which are the subject matter of the present petition.

Accordingly, with the consent of, and at the joint request of the parties the following directions are passed: (i) Mr. Justice (Retd.) R. K. Gauba (Mobile No.9650411919) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties which are the subject matter of the present petition. The disputes shall be adjudicated in accordance with the Arbitration and Conciliation Act, 1996 (A&C Act, 1996) (ii) The learned Sole Arbitrator may proceed with the arbitration proceedings, subject to furnishing to the parties the requisite disclosure/s as required under Section 12 of the A&C Act, 1996. (iii) The learned Sole Arbitrator shall be entitled to the requisite fees in accordance with Fourth Schedule to the A&C Act, 1996; or as may otherwise be agreed to between the parties and the learned Sole Arbitrator. (iv) It is agreed that the entire arbitral fees and costs shall be borne by the petitioner. (v) All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law. 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 06/11/2025 at 13:12:24

It is agreed that the parties would appear before the Sole Arbitrator for necessary directions and further proceedings on 25.11.2025 at 04.30 PM (or as may be directed by the learned Arbitrator).

This Court expresses its appreciation for the pragmatic stand taken by the GNCTD and the assistance rendered by Mr. Sameer Vashisht, learned Standing Counsel. SACHIN DATTA, J OCTOBER 31, 2025/cl