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2026 DAILYLAW 15449 (DEL)

PLENTEOUS PHARMACEUTICALS LTD. v. M/S NEW NEPTUNE PHARMA & ORS.

ARB.P./536/2026 · 2026-08-12

Avneesh Jhingan

body2026

Judgment text

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$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010121792026 + ARB.P. 536/2026 & I.A. 8357/2026 PLENTEOUS PHARMACEUTICALS LTD. .....Petitioner Through: Dr. Ishaan S Sharma, Ms. Shambhavi Sharma, Mr. Shubham Shukla, Mr. Ayush & Mr. Mukund Ranjan, Advs. versus M/S NEW NEPTUNE PHARMA & ORS. .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN O R D E R % 12.08.2026 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-company engaged in the business of outsourcing, marketing, sales and distribution of the pharmaceutical products entered into a Super Distributor Agreement dated 23.03.2023 (for short „the agreement‟) with the respondent-partnership firm engaged in the business of distribution of pharmaceutical goods. Under the agreement the respondent firm was appointed as a Super Distributor. Dispute arose between the parties as the respondent failed to clear the outstanding amount of Rs.64,79,588/- towards pharmaceutical goods supplied by the petitioner. Clause 28 of the agreement provided for dispute resolution through arbitration. Notice invoking arbitration as per Section 21 of the Act was served on 31.12.2025 by the petitioner. Hence, the present 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 14/08/2026 at 11:23:54 petition. 2.1 Clause 28 of the agreement reads as under: - “28. Any difference or dispute arising out of or in relation to anything contained herein shall be referred to arbitration. The Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force. The place of arbitration shall be Delhi.” 3. Vide order dated 23.07.2026, respondent no.2 and 3 were proceeded ex parte. 4. Accordingly, the petition is allowed by appointing Dr. Amit George, Advocate (Mobile No.9910524364) as the sole arbitrator for adjudication of the disputes which have arisen between the parties. Pending application is also disposed of. 5. The fees of the learned Arbitrator will be governed by Schedule IV of the Act. Before entering upon reference, the learned Arbitrator will comply with Section 12 of the Act. 6. It is made clear that since this Court has not expressed any opinion on the merits of the rival claims of the parties, 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. 7. A copy of this order be forwarded to the learned Arbitrator for information. AVNEESH JHINGAN, J AUGUST 12, 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 14/08/2026 at 11:23:54