ARB.P. 559/2023 Page 1 of 3 $~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 559/2023 BHUPENDRA SINGH .....Petitioner Through: Mr. S.C. Sagar, Mr. Naeem Ahmed, Mr. Shishu Pal Sharma & Ms. Swati, Advocates versus M/S ZBEE INDIA PVT. LTD. & ORS. .....Respondents Through: Mr. Raja Chatterjee, Mr. Piyush Sachdev, Advocates CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD O R D E R % 10.03.2025 1. The Petitioner has approached this Court under Section 11(6) of the Arbitration & Conciliation Act for appointment of an Arbitrator to adjudicate upon the disputes which have arisen between the parties under the Employment Agreement dated 10.09.2018. 2. The facts, as narrated by the Petitioner, discloses that the Petitioner was appointed as an employee of the Respondent under the Employment Agreement dated 10.09.2018. It is stated that the disputes have arisen between the parties regarding the payment of salary to the Petitioner. It is stated that the Petitioner had filed a suit for recovery of money being CS/DJ No.853/2022 before the Ld. ADJ-04 (South-East) Saket Courts, New Delhi. It is stated that notice in the suit being CS/DJ No.853/2022 was served to the Respondents, who filed an application under Section 8(1) of the Arbitration 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 18/03/2025 at 11:40:22 ARB.P. 559/2023 Page 2 of 3 and Conciliation Act, 1996 stating that since there is an Arbitration Clause in the said Employment Agreement, the suit filed by the Petitioner being CS/DJ No.853/2022 cannot be entertained. It is stated that the said suit for recovery was disposed of in view of the Arbitration Clause and the objections raised under Section 8(1) of the Arbitration and Conciliation Act, 1996. Pursuant to the disposal of the suit being CS/DJ No.853/2022, the Arbitration was invoked by the Petitioner by issuing a notice under Section 21 of the Arbitration and Conciliation Act, 1996 on 04.03.2023 which was not acceded to by the Respondent vide Reply dated 24.03.2023. Therefore, the Petitioner has filed the instant petition seeking appointment of an Arbitrator to adjudicate upon the disputes which have arisen between the parties. 3. The Respondent has taken a preliminary objections stating that the claim, which is essentially a money claim, is barred by time. 4. In the opinion of this Court the facts, as stated by the Petitioner, this case does not appear to be a dead claim whereby this Court ought not to refer the matter to Arbitrator. It is well-settled principles that “when in doubt, do refer”. 5. Accordingly, Mr. Avsi Malik, Advocate, (Mob: 9871921015) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties. 6. The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and would abide by its rules and regulations. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC. 7. The learned Arbitrator is also requested to file the requisite disclosure 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 18/03/2025 at 11:40:22 ARB.P. 559/2023 Page 3 of 3 under Section 12(2) of the Arbitration & Conciliation Act within a week of entering on reference. 8. 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. 9. Needless to say, nothing in this order shall be construed as an expression of this Court on the merits of the contentions of the parties. 10. It is stated that the observations made by this Court is limited to the question of appointment of the Arbitrator and not a pronouncement on the question of limitation. All the questions, including the question of limitation and counter-claims, if any are left open for the Respondent to raise before the Sole Arbitrator. 11. The present petition stands disposed of in the above terms along with pending application(s), if any. SUBRAMONIUM PRASAD, J MARCH 10, 2025 RJ 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 18/03/2025 at 11:40:22