$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1897/2024 MS UNITY AURUM CONSTRUCTION PRIVATE LIMITED .....Petitioner Through: Mr. Pranav Gupta, Ms. Unnati Chauhan and Ms. Sanchita Jain, Advocates. versus MS CHRISHMATIC DEVELOPERS PRIVATE LIMITED & ANR .....Respondents Through: Ms. Kirti Mewar and Mr.Aniket Singh, Advocates for respondent no.1. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 30.01.2025 1. By way of present petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the ‘A&C Act’), the petitioner seeks appointment of Arbitral Tribunal comprising of a Sole Arbitrator, to adjudicate upon the disputes between the parties. 2. The petitioner claims to have entered into an Agreement dated 02.04.2024 with the respondent No.1. As per Clause 14 of the said agreement, it is stipulated that disputes arising out of and in connection with the subject agreement shall be resolved through arbitration governed by the provisions of A&C Act. It further provides for the seat and venue of arbitration to be at New Delhi. 3. Disputes having arisen between the parties, the petitioner invoked arbitration vide notice dated 17.07.2024, issued under Section 21 of the 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 06/02/2025 at 14:37:45 A&C Act, which was replied to by the respondent No.1 vide letter dated 30.07.2024. 4. Learned counsel for the petitioner, at the outset, submits, on instructions, that the present prayer for reference to arbitration is only pressed against respondent No.1 since respondent No.2 is a non-signatory to the subject agreement and the dispute persists qua respondent No.1 only. 5. Learned counsel for respondent No.1, on instructions, states that the arbitration agreement not being denied, the disputes arising in the context of the subject agreement may be referred to the Arbitral Tribunal. 6. Considering that both the petitioner and respondent No.1 have consented to the reference to the Arbitral Tribunal, the present petition is disposed of with the following directions:- i) The disputes between the petitioner and respondent No.1 under the said agreement are referred to the Arbitral Tribunal. ii) Mr. Ranjeet, Advocate (Mob: 9999188350) is appointed as the sole Arbitrator to adjudicate the disputes between the parties. iii) The arbitration will be held under the aegis of the Delhi International Arbitration Centre, Sher Shah Road, New Delhi (hereinafter, referred to as the ‘DIAC’). iv) The learned Arbitrator shall furnish a declaration in terms of Section 12 of the Act prior to entering into the reference. 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 on merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator. Further, the respondent shall be at liberty to raise counter- 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 06/02/2025 at 14:37:45 claims, if any. vi) The remuneration of the learned arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators’ Fees) Rules, 2018 or as the parties may agree. vii) The parties shall approach the learned arbitrator within two weeks from today. MANOJ KUMAR OHRI, J JANUARY 30, 2025/rd 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 06/02/2025 at 14:37:45