$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1639/2025 & I.A. 25135/2025 M/S TK ELEVATOR INDIA PVT LTD .....Petitioner Through: Mr. Abhishek Harjika, Adv. along with AR Mr. Krishan Kumar versus MR ANAND KISHANLALJI KHATRI .....Respondent Through: Mr. Anshu Deshpande, Adv. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 10.10.2025 1. This is a petition filed under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator for adjudication of disputes between the parties arising out of the Gold Maintenance Agreement dated 18.06.2022. 2. The facts are that the parties entered into the said Gold Maintenance Agreement for maintenance of two elevator units installed at Chandrapur, both owned/ operated by the respondent. 3. The said Agreement contained an arbitration clause being Clause No. 14, which reads as under:- “14. Dispute Resolution This Agreement shall be governed by and construed in all respects in accordance with the laws of India and the parties 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 14/10/2025 at 12:47:44 hereby submit to the jurisdiction of the courts of New Delhi in all matters relating thereto. Both parties will attempt to resolve amicably any dispute, controversy or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity, interpretation, breach or termination (a "Dispute"). Either party may give written notice (a "Dispute Notice") to the other party. Any Dispute Notice that has not been resolved amicably within sixty (60) days from the date of such Notice (or such other longer period as agreed in writing by the parties) shall be submitted to the jurisdictional court for arbitration, which shall be conducted in accordance with the Arbitration Rules in effect at the time of applying for arbitration. The place of arbitration shall be in New Delhi and the language of the arbitration shall be English. Any arbitral award shall be final and binding on the parties, from the day it is made, and the Parties waive any right to refer any question of law and any right of appeal on the law and/or merits to any court.” 4. Since disputes arose between the parties, the petitioner invoked arbitration vide legal notice dated 13.04.2025 and thereafter, filed the present petition. 5. For the said reasons, issue notice to the respondent. 6. Mr. Deshpande, learned counsel accepts notice on behalf of the respondent and has no objection to the appointment of an Arbitrator. 7. I am satisfied that there exists a valid arbitration clause and there are 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 14/10/2025 at 12:47:44 disputes between the parties which need to be adjudicated through the arbitral mechanism. 8. For the said reasons, the petition is allowed and the following directions are issued:- i) Mr. Sharian Mukherjee (Adv) (Mob. No. 9819794592) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties. ii) The arbitration will be held under the aegis and rules of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the ‘DIAC’). iii) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators’ Fees) Rules, 2018. iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the 1996 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/counter-claims and 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 weeks from today. 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 14/10/2025 at 12:47:44 9. The present petition is disposed of in the aforesaid terms. JASMEET SINGH, J OCTOBER 10, 2025 / (MS) 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 14/10/2025 at 12:47:44