$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 115/2026 DALJIT SINGH .....Petitioner Through: Mr. Chetan Anand, Mr. Akash Srivastava., Mr. Prateek Tripathi & Mr. Maitray Singh Rathi, Advs. versus BAJAJ APPLIANCES LTD .....Respondent Through: Mr. Sidhant Dhingra, Adv. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN O R D E R % 28.07.2026 1. This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of a sole arbitrator. 2. The brief facts are that the petitioner was offered C & F agency on 15.12.2014. There was a dispute between the parties regarding the payments to be made. Clause 47 of the agreement provides for dispute resolution through arbitration and reads as under:- “47. The parties hereby agree that any controversy, claim or dispute arising out of or in relation to the interpretation, application or effects with this Agreement which cannot be resolved amicably, shall be conclusively resolved by arbitration under Indian Arbitration and Conciliation Act, 1996 or modifications thereof. The place of arbitration shall be at Delhi. This agreement shall be governed by Indian Laws and shall be amenable to the jurisdiction of Delhi courts only.” 2.1 The petitioner filed a suit for recovery on 01.02.2025. In the written 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 31/07/2026 at 13:30:30 statement, the respondent raised an objection that the disputes were arbitrable. The suit was withdrawn on 17.11.2025. Thereafter, the petitioner served a notice dated 29.11.2025 under Section 21 of the Act. Hence, the present petition. 3. Learned counsel for the respondent submits that the C & F agreement is of the year 2014 and the notice under Section 21 of the Act was served in 2025. It is contended that the claim is barred by limitation. Further that full and final payments were made by the respondent and the amount claimed has not been substantiated by producing the books of accounts. There is no arbitrable dispute. 4. Learned counsel for the petitioner submits that the matter was being consistently pursued, the last payment was made by the respondent on 05.07.2022 and the claim is within limitation. 5. The C & F agency was granted in 2014 but prima facie part payments were regularly made to the petitioner and the claim for balance amount was being pressed. The last payment was made on 05.07.2022 and thereafter the civil suit was filed which was withdrawn on the objection raised by the respondent. In these circumstances, the claim cannot be said to be a deadwood. The issue of limitation is to be decided by the arbitrator. The objection regarding the amount claimed not being substantiated by producing the books of accounts is also to be decided by the arbitrator during the proceedings. Suffice to say that at the stage of reference the court has to satisfy regarding the existence of an arbitration clause and a prima facie arbitrable dispute between the parties. 6. In view of the above, the petition is allowed by appointing Ms. Priya Kumar, Senior Advocate (Mobile No.9811355512) as the sole arbitrator for 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 31/07/2026 at 13:30:30 adjudication of the disputes which have arisen between the parties. 7. Arbitral proceedings will be held under the aegis of Delhi International Arbitration Centre (DIAC). Fee of the Arbitrator shall be fixed as per fee schedule. 8. Before entering upon reference, the learned Arbitrator will comply with Section 12 of the Act. 9. It is made clear that since this Court has not expressed any opinion on the merits of the rival claims of the parties and it will be open for the parties to file their respective claims/counter claims before the learned Arbitrator which will be considered in accordance with law. 10. A copy of this order be forwarded to the learned Arbitrator for information. AVNEESH JHINGAN, J JULY 28, 2026 Ch 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 31/07/2026 at 13:30:30