ARB.P. 1634/2026 Page 1 of 3 $~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010431912026 + ARB.P. 1634/2026 AAKASH EDUCATIONAL SERVICES LIMITED .....Petitioner Through: Mr. Pranav Proothi and Mr. Anshveer Singh Nalwa, Advocates. versus SHRUTI KHANNA .....Respondent Through: Mr. Biswajit Kumar Patra and Ms. Khushboo Gupta, Advocates. CORAM: HON'BLE MR. JUSTICE TUSHAR RAO GEDELA O R D E R % 14.09.2026 1. This is a petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘CPC’) seeking appointment of an arbitrator to resolve the disputes which have arisen between the parties. 2. It is stated that the present disputes have arisen in connection with the Franchise Agreement dated 26.12.2024 executed between the parties. It is stated that the disputes initially arose in relation to the petitioner’s exercise of contractual rights under Article 3.12 of the Franchise Agreement, and expanded subsequently to include allegations relating to the respondents’ association with a competing coaching institute, migration of students enrolled under the petitioner’s franchise, wrongful retention of fees, and continued use of the petitioner’s proprietary information and confidential material. 3. It is stated that the petitioner invoked the arbitration agreement containing under Article 8.3 of the Franchise Agreement by issuing a notice under Section 21 of the Act. 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 19/09/2026 at 10:57:21 ARB.P. 1634/2026 Page 2 of 3 4. It is stated that the respondent had declined to concur with the said appointment, constraining the petitioner to file the present petition. 5. Issue notice. 6. Notice is accepted by Mr. Biswajit Kumar Patra, learned counsel for the respondent who states, without joining the factual narration, that he has no objection in case an arbitrator is appointed, however, subject to the respondent being permitted to take up all objections legally available to them including raising a counter-claim. 7. In view of the above, there is no impediment in allowing the petition. All the legal rights/objections available to the respondent are permitted to be taken up before the learned Arbitrator. 8. The parties are ad idem to have the disputes being arbitrated under the aegis of the Delhi International Arbitration Centre (hereinafter referred to as the ‘DIAC’). 9. Having regard thereto, the petition is allowed and the following directions are passed: i) Mr. Nikilesh Ramachandran, Advocate (Mob. No. 9810460429) 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, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the ‘DIAC’). 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 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 19/09/2026 at 10:57:21 ARB.P. 1634/2026 Page 3 of 3 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. 10. Accordingly, the petition is disposed of. TUSHAR RAO GEDELA, J SEPTEMBER 14, 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 19/09/2026 at 10:57:21