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2026 DAILYLAW 20676 (DEL)

GIRNARSOFT AUTOMOBILES PRIVATE LIMITED v. MOTORPEDIA365 REVOLUTION PRIVATE LIMITED

ARB.P./1514/2026 · 2026-09-30

Om Prakash Shukla

body2026

Judgment text

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ARB.P. 1514/2026 $~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010396772026 + ARB.P. 1514/2026 & I.A. 23160/2026 GIRNARSOFT AUTOMOBILES PRIVATE LIMITED .....Petitioner Through: Ms. Monika Rani, Adv. versus MOTORPEDIA365 REVOLUTION PRIVATE LIMITED .....Respondent Through: Mr. Surbhi Sachwani, Adv. CORAM: HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT(ORAL) % 30.09.2026 1. This matter was referred to mediation vide order dated 24.08.2026 and the next date before Delhi High Court Mediation and Conciliation Centre (SAMADHAN) is fixed for tomorrow i.e. 01.10.2026. 2. If mediation fails, the parties are also ad idem with respect to reference of the disputes to arbitration. There is no dispute with regard to the existence of a valid arbitration agreement between the parties. 3. 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. 1 SBI General Insurance Co. Ltd. v. Krish Spinning 2024 SCC OnLine SC 1754 Signed By:ANUBHAV TRIPATHI Signing Date:05.10.2026 20:03:04 Signature Not Verified ARB.P. 1514/2026 4. In the aforesaid circumstances, this Court finds no impediment in appointing a Sole Arbitrator. 5. The claim amount in the present petition is Rs.4,92,000/- 6. Accordingly, Mr. Sarika Mehta, Advocate, (Mob. No. 9654612375) 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 three weeks from the date of the mediation report recording failure of settlement. 7. 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 six weeks of entering reference. 8. 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. 9. 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. 10. 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 with Signed By:ANUBHAV TRIPATHI Signing Date:05.10.2026 20:03:04 Signature Not Verified ARB.P. 1514/2026 claims and counter claims independently and on their own merits, uninfluenced by any observations contained in the present order. 11. The Registry is directed to send a receipt of this order to Mr. Sarika Mehta, learned Arbitrator through all permissible modes including email. 12. Accordingly, the present petition is disposed of in the above terms. Pending applications, if any, stands disposed of. OM PRAKASH SHUKLA, J SEPTEMBER 30, 2026/at Signed By:ANUBHAV TRIPATHI Signing Date:05.10.2026 20:03:04