$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010247122026 + ARB.P. 966/2026 & I.A. 15027/2026 MS HS FITNESS PRIVATE LIMITED .....Petitioner Through: Mr. Animesh Sinha, Ms. Ishita Pandey & Mr. Kunal, Advs. versus NEW INDIA ASSURANCE COMPANY LTD .....Respondent Through: Mr. Abhishek, Adv. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN O R D E R % 11.08.2026 1. This petition is filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short „the Act‟) for appointment of an arbitrator. 2. The brief facts are that the petitioner took an insurance policy from the respondent under the New India Bharat Laghu Udyam Suraksha Policy valid from 28.09.2023 to 27.09.2024 to cover the finished goods at its warehouse. On 26.03.2024, a fire broke out at the insured warehouse of the petitioner resulting in damage to the stocks. The petitioner intimated the respondent and lodged an insurance claim of Rs. 4,64,29,469/-. The respondent accepted the liability and approved an amount of Rs. 1,06,95,865/- towards full and final settlement of the claim. The petitioner however protested against the settlement and sought a copy of the Final Survey Report which was not provided by the respondent. The arbitration 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 13/08/2026 at 10:59:35 was invoked at the instance of the petitioner under Clause I(4) of the Insurance Policy vide legal notice dated 27.01.2026. On failure to do the needful, the present petition is filed. 3. Learned counsel for the respondent on instructions has no objection for referring the matter to arbitration. 4. Learned counsel for the parties mutually agree to appoint Mr. V K Jain, Delhi High Court Judge (Retd.) as the sole arbitrator. 5. Accordingly, the petition is allowed by appointing Justice Mr. V K Jain, Delhi High Court Judge (Retd.) (Mobile No. 9650116555) as the sole arbitrator for adjudication of the disputes which have arisen between the parties. 6. 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. 7. Before entering upon reference, the learned Arbitrator will comply with Section 12 of the Act. 8. 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. 9. A copy of this order be forwarded to the learned Arbitrator for information. AVNEESH JHINGAN, J AUGUST 11, 2026 ‘JK’ 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 13/08/2026 at 10:59:35