ARB.P. 1037/2026 $~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010272072026 + ARB.P. 1037/2026 GEODIS INDIA PVT LTD THROUGH ITS AUTHORIZED REPRESENTATIVE MS YUGAMI SACHDEVA .....Petitioner Through: Mr. Vaibhav Chawla and Mr. Dhruv Chawla, Advs. versus MOHAMMED QAIYUM SOLE PROPRIETOR OF DEWA OVERSEAS .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT(ORAL) % 14.08.2026 1. On the last date of hearing notice was issued to the Respondent and the Respondent was asked to file reply to the present petition, however, the same has not been filed. 2. On perusal of affidavit of service filed on 01.07.2026, it appears that the notice has been duly served on the Respondent. 3. Today, despite the opportunity so granted, none appears on behalf of the Respondent. The Respondent has also failed to file any reply to the present petition. In view thereof and considering that the Respondent has chosen not to participate in the present proceedings, despite sufficient service, this Court finds no impediment in proceeding to consider the appointment of a Sole Arbitrator. 4. The tracking details placed on record establish that the Signed By:PRAGYA ARORA Signing Date:15.08.2026 00:38:16 Signature Not Verified ARB.P. 1037/2026 Respondents have been duly served in one of the address. The proof of service, as reflected from the tracking details, is annexed with the petition and reproduced hereinbelow: Signed By:PRAGYA ARORA Signing Date:15.08.2026 00:38:16 Signature Not Verified ARB.P. 1037/2026 5. The Credit Approval Form dated 04.05.2021 has an arbitration clause under Clause 9. 6. It is well settled that, while exercising jurisdiction under Section 11 of the Act, the scope of enquiry is confined to examining the prima facie existence of an arbitration agreement1. 7. In the present case, this Court is of the view that a valid and binding arbitration agreement exists between the parties under Clause 9. 8. In the aforesaid circumstances, this Court finds no impediment in appointing a Sole Arbitrator to adjudicate the disputes between the parties. 9. Accordingly, Mr. Anshul K. Bishnoi, Advocate (Mob. No. 7877440029) is appointed as a learned Sole Arbitrator to adjudicate the disputes arisen between the parties. The learned Sole Arbitrator shall enter upon the reference within two weeks from today. 10. The learned Sole Arbitrator will proceed to the arbitration proceedings subject to furnishing requisite disclosures as required under Section 12(2) of the Act within three weeks of entering reference. 1 SBI General Insurance Co. Ltd. v. Krish Spinning 2024 SCC OnLine SC 1754 Signed By:PRAGYA ARORA Signing Date:15.08.2026 00:38:16 Signature Not Verified ARB.P. 1037/2026 11. The arbitration shall be carried under the rules and aegis of Delhi International Arbitration Centre (“DIAC”). The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC. 12. It shall be open to the parties to raise all pleas, including objection as to arbitrability and jurisdiction, before the learned Sole Arbitrator who shall decide the same in accordance with law. 13. It is clarified that the observations made herein are only for the purpose of deciding the present petition under Section 11(6) of the Act. The learned Sole Arbitrator shall adjudicate the disputes independently and on their own merits, uninfluenced by any observations contained in the present order. 14. The Registry is directed to send a receipt of this order to Mr. Anshul K. Bishnoi, learned Arbitrator through all permissible modes including email. 15. Accordingly, the present petition is disposed of in the above terms. OM PRAKASH SHUKLA, J AUGUST 14, 2026/ss Signed By:PRAGYA ARORA Signing Date:15.08.2026 00:38:16