ARB.P. 785/2026 Page 1 of 3 $~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010190072026 + ARB.P. 785/2026 SREEVEL MINERALS PRIVATE LIMITED .....Petitioner Through: Mr. Rakesh Raushan and Mr. Vignesh Adithiya, Advocates. versus ATWAL MINING SERVICES .....Respondent Through: Mr. Sudhir K. Makkar, Senior Advocate with Ms. Sanya C. Oberoi and Ms. Saumya Gupta, Advocates. CORAM: HON'BLE MR. JUSTICE TUSHAR RAO GEDELA O R D E R % 09.09.2026 1. This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) seeking appointment of an arbitrator. 2. It is stated that the petition has been preferred on account of the disputes and claims arising from the Work Agreement/Memorandum of Understanding (hereinafter referred to as the ‘MoU’) dated 07.11.2023. It is further stated that the arbitration agreement is encapsulated in Clauses 8 and 15 of the said agreement, which are extracted hereunder: “8. Arbitration: Arbitration shall be under the Jurisdiction of Delhi. xxx 15. GOVERNING LAW AND DISPUTE RESOLUTION a. This MOU shall be governed and construed in accordance with the laws of India. b. Any disputes, differences, claims and issues arising between the parties under this MOU shall be resolved by the Parties through mutual 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 14/09/2026 at 15:45:39 ARB.P. 785/2026 Page 2 of 3 discussions at first. In the event the Parties are unable to settle all the disputes/issues/claims amicably through negotiations, those disputes and claims will be submitted to the Sole Arbitrator appointed as per the provisions of Indian Arbitration and Conciliation Act, 1996 (amended as on date). The venue of arbitration shall be at Chennai. the arbitration proceedings shall be conducted in English Language. The matters/ disputes, which are not amenable to Arbitration (or) arbitrable (or) prohibited by any law to refer the same to Arbitration, shall be submitted to the jurisdiction of courts located in Delhi, India. The language of the proceedings will be English.” 3. It is noted that the said MoU specifies in Clause 8 that the arbitration shall be under the jurisdiction of Delhi. Further, the Clause 15, which is in respect of governing law and dispute resolution also states that the venue of arbitration shall be at Chennai, however, the jurisdiction of the courts located in Delhi would have the necessary territorial jurisdiction in respect of matters and disputes which are not amenable to arbitration. 4. The present petition contemplates the seat of jurisdiction at Delhi while the venue at Chennai. It is in this context that the learned counsel for the petitioner was directed to take instructions as to whether the petitioner would be amenable to have the venue at Delhi for the arbitration proceedings. 5. Today, on instructions, Mr. Vignesh Adithiya, learned counsel for the petitioner states that the petitioner has no objection in case the seat and the venue of arbitration are in Delhi. 6. Mr. Sudhir K. Makkar, learned senior counsel for the respondent states that the said arbitration may be conducted under the aegis of Delhi International Arbitration Centre (hereinafter, referred to as the ‘DIAC’). 7. Having regard thereto, the petition is allowed and the following directions are passed: i) Mr. Tanoodbhav Singhdev, Senior Advocate (Mob. No. 9999012345) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties. ii) The arbitration will be held under the aegis and rules of the DIAC, 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 14/09/2026 at 15:45:39 ARB.P. 785/2026 Page 3 of 3 Delhi High Court, Sher Shah Road, New Delhi. iii) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators’ Fees) Rules, 2018. iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference. v) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims/counter-claims and merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator. vi) The petitioner shall approach the learned Arbitrator within two weeks from today. TUSHAR RAO GEDELA, J SEPTEMBER 9, 2026/anj 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 14/09/2026 at 15:45:39