ARB.P. 1008/2026 Page 1 of 3 $~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC011105802025 + ARB.P. 1008/2026 & I.A. 16142/2026 M/S SAINATH SEVABHAVI SANSTHA MAJALGAON .....Petitioner Through: Mr. Uday Arora, Advocate versus M/S INNOVATIVE FINANCIAL ADVISORS PVT LTD .....Respondent Through: Mr. Aekansh Shukla, Advocate CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD O R D E R % 01.09.2026 1. This is a petition under Section 11 of the Arbitration & Conciliation Act, 1996 for appointment of an Arbitrator to adjudicate the disputes which have arisen between the parties. 2. The facts of the case reveal that the Petitioner entered into Fund Raising Service Agreements dated 17.08.2021 and 23.08.2021 (hereinafter referred to as “Agreements”) with the Respondent. It is the case of the Petitioner that the Respondent failed to raise the agreed funds within the stipulated 240 working days from the project commencement dates i.e. 17.08.2021 and 23.08.2021, breaching the terms of both the Agreements. 3. Disputes have arisen between the Parties, wherein, the Petitioner is alleging cheating by the Respondent due to non-performance and refusal to 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 07/09/2026 at 11:08:50 ARB.P. 1008/2026 Page 2 of 3 refund the amount paid by the Petitioner. A Legal Notice dated 09.10.2023 was issued by the Petitioner to the Respondent demanding refund of Rs.4,95,648.20/-, which had been paid by the Petitioner to the Respondent under the Agreements. 4. Pursuant thereto, a commercial Suit was instituted before the District Judge (Commercial), Saket Courts, New Delhi for recovery of Rs.4,95,648.20/-. However, the District Judge (Commercial) vide Order dated 16.12.2024 allowed an Application under Order VII Rule 11 of the CPC read with Section 5 and 8 of the Arbitration & Conciliation Act, 1996 filed by the Respondent by rejecting the Suit as barred and granting liberty to the Petitioner to pursue arbitration. 5. Article 6 of the Agreements contains an arbitration clause by which the Parties have decided to get their disputes adjudicated through arbitration. The said clause indicates that the seat of the arbitration shall be at New Delhi. 6. A Notice under Section 21 of the Arbitration & Conciliation Act, 1996 was issued by the Petitioner to the Respondent on 15.01.2025. Since there is no response on behalf of the Respondent to the said Notice, the present petition has been filed by the Petitioner. 7. Notice was issued in the Petition on 01.07.2026. 8. Mr. Aekansh Shukla, learned Counsel, enters appearance on behalf of the Respondent today. 9. In view of the fact that disputes have arisen between the Parties and the Agreements contain an arbitration clause, this Court is inclined to appoint an Arbitrator to adjudicate upon the disputes between the parties. 10. Accordingly, Ms. Bhargavi Kannan, Advocate (Mob. No: 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 07/09/2026 at 11:08:50 ARB.P. 1008/2026 Page 3 of 3 9870108783) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties. 11. The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and would abide by its rules and regulations. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC. 12. The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the Act within two weeks of entering on reference. 13. 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. 14. Needless to say, nothing in this Order shall be construed as an expression of this Court on the merits of the contentions of the parties. 15. The Petition stands disposed of in the above terms, along with pending application(s), if any. SUBRAMONIUM PRASAD, J SEPTEMBER 01, 2026 S. Zakir 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 07/09/2026 at 11:08:50