ARB.P. 1613/2025 Page 1 of 5 $~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010754062025 + ARB.P. 1613/2025 LEDVANCE PRIVATE LIMITED .....Petitioner Through: Mr. Kushal Bansal and Ms. Shruti Shaw, Advocates. versus ARVIND PRESS CAPS LTD. .....Respondent Through: Mr. Mukesh Kumar Sharma, Advocate. CORAM: HON'BLE MR. JUSTICE TUSHAR RAO GEDELA O R D E R % 07.08.2026 1. This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) seeking appointment of an Arbitrator. 2. The petitioner claims to be a manufacturer and distributor of wide range of electrical lighting goods and the respondent claims to be a manufacturer and supplier of electrical components. 3. It is stated that in pursuance of their business interests, the petitioner had placed orders of various items including but not limited to PBT Housing A57 and MC-Cap-B22d. It is stated that during the business transactions between the parties, three Purchase Orders bearing the following details were issued by the respondent: a. Purchase Order No. 4551379979 dated 03.12.2020 b. Purchase Order No. 4551381085 dated 29.12.2020 c. Purchase Order No. 4551390783 dated 15.09.2021 4. It is stated that certain disputes had arisen in respect of first Purchase 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 11/08/2026 at 11:13:41 ARB.P. 1613/2025 Page 2 of 5 Order as some defective and unusable materials were delivered, which was raised vide the e-mail dated 09.10.2021, followed by subsequent reminder e-mails dated 28.12.2021 and 04.01.2022. It is stated that the respondent did not reply to the same. 5. Similarly, in respect of other Purchase Orders too, similar issues have been raised and conveyed to the respondent, however, in vain. 6. It is stated that certain amounts were outstanding from the respondent on account whereof the petitioner had raised several communications demanding the release of such outstanding dues, however, there was no response on the part of the respondent. 7. Constrained by the aforesaid inaction, the petitioner claims to have issued a legal notice dated 21.11.2024 requiring the respondent to pay the outstanding amount of Rs.5,43,815/- alongwith interest at the rate of 12% per annum. It is stated that there was no response to the said legal notice either. 8. Since, there was no response forthcoming from the respondent, the petitioner had invoked arbitration under Section 21 of the Act vide notice dated 30.05.2025 in terms of Clause 8(3) of the Purchase Order. It is stated that the said notice was served upon the respondents on 02.06.2025, however, there was no response to that either. 9. Learned counsel appearing on behalf of the respondent states that there is no dispute so far as the issuance of the subject matter Purchase Orders are concerned. 10. This Court has perused the Purchase Orders placed on record as Document A-2, and the Clause 8 appended thereto is extracted hereunder: “8. Applicable Law / Place of Performance / Jurisdiction (1) The law of India applies. Application of the United Nations Convention on Contracts for the International Sale of Goods dated 11 April 1980 is excluded. 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 11/08/2026 at 11:13:41 ARB.P. 1613/2025 Page 3 of 5 (2) The place of performance is the delivery or reception point specified by LEDVANCE. (3) Dispute resolution: The parties shall endeavor in good faith to resolve amicably all questions, differences or disputes whatsoever which may arise between the parties, regarding the implementation of any provision of this agreement or any other agreement entered into pursuant to this agreement. All questions disputes or differences between the parties connected with the terms of this agreement, construction of this agreement or otherwise which cannot be resolved through mediation shall be referred to arbitration. It is agreed between the parties, that LEDVANCE shall appoint a sole arbitrator and the provisions of India Arbitration & Conciliation Act, 1996 or any re-enactment or statutory modification thereof for the time being in force shall be applicable for the settlement of the dispute. The decision of the sole arbitrator shall be final and binding on the parties. The seat of arbitration shall be New Delhi. The language to be sued in the arbitration proceeding shall be English.” 11. It would also be apposite to extract the relevant portions of the notice invoking arbitration dated 30.05.2024, which reads as under: “10. However, not only you failed to provide any response or initiate steps toward settlement, your prolonged silence and disregard for the debt obligations has left our Client no option but to invoke the Dispute Resolution clause in accordance with Clause 8(3) of the Purchase and Order Conditions given in the Purchase Orders, which is being produced hereunder: “(3) Dispute Resolution: The parties shall endeavor in good faith to resolve amicably all questions, differences or disputes whatsoever which may arise between the parties, regarding the implementation of any provision of this agreement or any other agreement entered into pursuant to this agreement. All questions disputes or differences between the parties connected with the terms of this agreement, construction of this agreement or otherwise which cannot be resolved through mediation shall be referred to arbitration. It is agreed between the parties, that LEDVANCE shall appoint a sole arbitrator and the provisions of India Arbitration & Conciliation Act, 1996 or any re-enactment or statutory modification thereof for the time being in force shall be applicable for the settlement of the dispute. The decision of the sole arbitrator shall be final and binding on the parties. The seat of arbitration shall be New Delhi. The language to be sued in the arbitration proceeding shall be English.” [EMPHASIS SUPPLIED] 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 11/08/2026 at 11:13:41 ARB.P. 1613/2025 Page 4 of 5 11. In view of the above and the continuing failure on your part to amicably resolve the dispute, we hereby initiate arbitration proceedings and call upon you to concur on the appointment of an arbitrator. For this purpose, our Client proposes the following names for your consideration. You are requested to confirm your acceptance of any one of the following nominees within seven (7) days from the receipt of this notice, failing which our Client shall be constrained to proceed in accordance with the above-stated clause: a. Prity Sharma, Advocate C-128, Ground Floor, Defence Colony, New Delhi – 110024 Email: chambersofpritysharma@gmail.com b. Ish Jain, Advocate Queens Mansion, A.K. Nayak Marg, Behind Cathedral and John Cannon Middle School, Fort, Mumbai 400 001 Email: ish.jain@hotmail.com” 12. It is clear from the aforesaid that parties were ad idem that their disputes would be resolved firstly by amicable means, failing which the disputes were to be referred to the arbitration. It was also part of the arbitration agreement that the seat of arbitration would be at New Delhi. 13. The Supreme Court in SBI General Insurance Co. Ltd vs. Krish Spinning: (2024) 12 SCC 1 has clearly held that the Court appointing an arbitrator under Section 11(6) of the Act is only to satisfy itself as to the existence of the arbitration agreement. There is no requirement for this Court to delve into the merits of the disputes which is the pure jurisdiction and domain of the arbitral tribunal to be constituted. 14. Having regard to the fact that there is no dispute as to the Purchase Orders, which are the subject matter of the present petition, there cannot possibly be any dispute in respect of the existence of an arbitration agreement in Clause 8. 15. In view thereof, the petition is allowed. 16. Accordingly, Ms. Sandhya Gupta (Ph: 9312280288) is appointed as an 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 11/08/2026 at 11:13:41 ARB.P. 1613/2025 Page 5 of 5 Arbitrator. The remuneration of the learned Arbitrator in terms of Schedule IV of the Arbitration and Conciliation (Amendment) Act, 2015. 17. The parties shall approach the learned Arbitrator within two weeks from date. 18. The petition is disposed of accordingly. TUSHAR RAO GEDELA, J AUGUST 7, 2026/anj 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 11/08/2026 at 11:13:41