$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 844/2026 & I.A. 12903/2026 GOYAL MG GASES PRIVATE LIMITED .....Petitioner Through: Mr. Kailash Chandra Joshi, Advocate versus SRI ATCHAYA ENGINEERING PVT LTD .....Respondent Through: CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD O R D E R % 21.07.2026 1. The present Petition has been filed by the Petitioner under Section 11(5) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator to adjudicate upon the disputes between the Parties. 2. It is the case of the Petitioner that the Petitioner supplied gas to the Respondent from time to time through delivery challans and raised invoices for the same. However, it is stated that the Respondent has not made the payments. It is stated that as per the books of accounts maintained by the Petitioner as on 12.12.2024, a sum of Rs.1,97,872/- is liable to be paid by the Respondent. 3. The challans contain the terms and conditions and include a dispute resolution clause wherein it is stated that the disputes between the Parties would be adjudicated through arbitration. Though the said clause indicates that the Managing Director of the Petitioner would appoint an Arbitrator, however, in view of the Judgment passed by the Apex Court in Perkins Eastman Architects DPC & Anr. vs. HSCC (India) Limited, (2020) 20 SCC 760, the said mode of appointment cannot be resorted to. The said clause specifically states that the seat of the arbitration shall be at Delhi. 4. It is stated that a notice under Section 21 of the Arbitration and 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 27/07/2026 at 15:03:14 Conciliation Act, 1996 invoking arbitration was sent to the Respondent on 10.05.2025. The Petitioner has also filed a calculation sheet indicating that a sum of Rs.6,78,639/- is due and payable from 26.04.2024. 5. Notice was issued in the matter on 08.05.2026. Learned Counsel enters appearance on behalf of the Respondent. Service is complete. 6. Accordingly, Mr. Gurpreet S. Sachdeva, Advocate (Mob No: 9910850147) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties. 7. The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and would be subject to its rules and regulations. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC. 8. The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the Arbitration Act within three weeks of entering reference. 9. 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. 10. Needless to state, nothing in this Order shall be construed as an expression of this Court on the merits of the contentions of the parties. 11. The present Petition stands disposed of in the above terms along with pending application(s), if any. SUBRAMONIUM PRASAD, J JULY 21, 2026 hsk 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 27/07/2026 at 15:03:14