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Hitech Competent Builders Pvt. Ltd. vs. Engineering Projects (India) Limited & Anr.

Arbitration Petition · 2026:DHC:7921Decided 16 Sept 2026New Delhi Bench
ARB.P. 1168/2026CNR: DLHC010307152026
Justice Om Prakash Shukla

Background

The petitioner sought appointment of an arbitrator, but on scrutiny of the contract, both sides agreed that its dispute-resolution clause required the parties to first attempt conciliation before arbitration could be invoked.

Decision Breakdown

Since the contractual pre-condition of conciliation had not yet been attempted, the petitioner sought leave to withdraw the arbitrator-appointment petition, with liberty to return to court later if needed. The Court granted this leave and dismissed the petition as withdrawn, leaving the parties free to pursue conciliation as required by their contract.

Lesson Learnt

Before rushing to court for an arbitrator, parties must check whether their contract requires a mandatory pre-arbitration step like conciliation or negotiation, skipping it can mean the court petition itself is premature.

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