ARB.P. 291/2026 $~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010054372026 + ARB.P. 291/2026 M/S SS TECHNO MARKETING PVT LTD THROUGH ITS DIRECTOR SATISH KUMAR JAIN .....Petitioner Through: Mr. Achal Gupta and Mr. Deepesh, Advocates. versus M/S PLENUM INFRASTRUCTURE PVT LTD THROUGH ITS MANAGING DIRECTOR MR MOHD KHALID .....Respondent Through: Mr. Mukesh Rana, Ms. Mamta, Ms. Vanshika Rastogi, Ms. Bhawna Singh and Mr. Janesh Patherwal, Advocates. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 25.09.2026 I.A. 4034/2026 (Exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. ARB.P. 291/2026 3. This petition is filed on behalf of the Petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘1996 Act’) for appointment of a Sole Arbitrator owing to disputes arising between the parties under and in relation to Stock Purchase Agreement dated 05.06.2018. 4. Learned counsel for the Respondent, appearing on advance copy of the petition, submits that the notice invoking arbitration dated 10.11.2025, 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 05/10/2026 at 11:46:25 ARB.P. 291/2026 purportedly sent by the Petitioner under Clause 10 of the Stock Purchase Agreement dated 05.06.2018 was never received by the Respondent and hence, this petition cannot be entertained. He draws the attention of the Court to the tracking report placed on record by the Petitioner, which reflects that the notice was not delivered since the addressee left without instructions. Counsel for the Petitioner is unable to traverse this objection. 5. Plain reading of Section 21 of 1996 Act shows that in the absence of an agreement between the parties, arbitral proceedings are deemed to commence when the Respondent receives request to refer the disputes to arbitration. In Adavya Projects Private Limited v. Vishal Structurals Private Limited and Others, (2025) 9 SCC 686, the Supreme Court held that the notice under Section 21 serves multiple purposes and is necessary to determine whether the claims are within the period of limitation or time barred as also to determine the applicable law to the arbitral proceedings. It is also held that an application under Section 11(6) can only be filed in the Supreme Court or the High Court only after Respondent fails to act as per the appointment procedure in the arbitration agreement and hence, invocation of arbitration as provided under Section 21 and the subsequent failure of the Respondent to appoint its Arbitrator or agree to the appointment of the Arbitrator, as provided in Section 11(4) and (5), are necessary for invoking Courts jurisdiction under Section 11 as held in Bharat Sanchar Nigam Limited and Another v. Nortel Networks India Private Limited, (2021) 5 SCC 738. 6. In the instant case, the tracking report filed by the Petitioner along with the postal vouchers of service through speed post and courier show that the notices could not be delivered as the addressee had left the given 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 05/10/2026 at 11:46:25 ARB.P. 291/2026 address. Resultantly, the notice under Section 21 was never served on the Respondent. Counsel for Petitioner has urged that this would amount to deemed service, which is a misplaced contention. Non-service of the notice, owing to the addressee not being available at the given address cannot amount to deemed service in law. 7. Accordingly, this petition is premature and is dismissed, without expressing any opinion on the merits of the case and leaving it open to the Petitioner to take recourse to appropriate remedies to invoke arbitration in terms of the arbitration agreement incorporated in the Stock Purchase Agreement dated 05.06.2018. JYOTI SINGH, J SEPTEMBER 25, 2026 S.Sharma 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 05/10/2026 at 11:46:25