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2026 DAILYLAW 21239 (DEL)

AJMAL FC AND ANR v. SH ANUJ GUPTA AND ORS

O.M.P.(I)/15/2026 · 2026-10-07

Om Prakash Shukla

body2026

Judgment text

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O.M.P.(I) 15/2026 $~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010484732026 + O.M.P.(I) 15/2026 AJMAL FC AND ANR .....Petitioners Through: Mr. Jagjit Singh, Sr. Advocate with Mr. Preet Singh, Mr. Abhijeet Singh, Ms. Swati Mishra and Mr. Chandresh Pratap, Advocates. versus SH ANUJ GUPTA AND ORS .....Respondents Through: Mr. Om Prakash, Advocate for R-2. CORAM: HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT(ORAL) % 07.10.2026 1. The present petition under Section 9 of the Arbitration and Conciliation Act, 19961 has been filed seeking urgent interim protection against the communication dated 26.09.2026 issued by Respondent No1. 2. By the said communication, Respondent No.1, whose tenure as President of Delhi Soccer Association2 is stated to have expired on 19.03.2026, has purportedly expelled Ajmal FC for an indefinite period and banned Petitioner No.2 from football related activities for two years. 1 “Act” hereinafter Signed By:PRAGYA ARORA Signing Date:07.10.2026 18:50:48 Signature Not Verified O.M.P.(I) 15/2026 3. Learned Senior Counsel for the Petitioners submits that these actions were taken without any show cause notice or opportunity of hearing, and in violation of the applicable DSA statutes and constitution. 4. According to learned Senior Counsel for the Petitioners, the impugned action has also resulted in Ajmal FC being omitted from the draft electoral list published on 01.10.2026 for the DSA elections scheduled on 18.10.2026. 5. In these circumstances, the learned Senior Counsel for the Petitioners submits that unless interim protection is granted, they will be unlawfully excluded from participating in the electoral process. 6. Issue notice. 7. Notice is accepted by Mr. Om Prakash, Advocate on behalf of Respondent No.2. 8. At this stage, Petitioners and learned Counsel for Respondent No.2 on instruction, submit that they are ad idem that the matter be referred to arbitration. 9. The elections are scheduled to be held on 18.10.2026. Additionally, the Petitioners and Respondent No. 2 agree for appointment of an arbitrator. 2 “DSA” hereinafter Signed By:PRAGYA ARORA Signing Date:07.10.2026 18:50:48 Signature Not Verified O.M.P.(I) 15/2026 10. In these circumstances, this Court is of the view that, it would be appropriate to constitute the Arbitral Tribunal and leave it open to the learned Sole Arbitrator to consider the Petitioners’ prayer for interim measures under Section 17 of the Act and pass such order(s) as may be deemed appropriate, in accordance with law. 11. The Petitioners and Respondent No. 2 waive the requirement of following the formal procedure and the agreed mechanism for appointment of the Arbitral Tribunal and consent to the appointment of an arbitrator by this Court. 12. Having regard to the prima facie existence of the arbitration clause and the disputes which have arisen thereunder, this Court finds no impediment in appointing a Sole Arbitrator and considers it appropriate to refer the parties to arbitration. 13. Accordingly, Ms. Manisha Suri, Advocate (Mob No. 9810075174) is appointed as a learned Sole Arbitrator to adjudicate the disputes arisen between the parties. 14. Upon constitution of the Arbitral Tribunal, the present Section 9 application shall be treated as Section 17 application. 15. The learned Sole Arbitrator will proceed to the arbitration proceedings subject to furnishing requisite disclosures as required under Section 12(2) of the Act. Signed By:PRAGYA ARORA Signing Date:07.10.2026 18:50:48 Signature Not Verified O.M.P.(I) 15/2026 16. 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. 17. 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. 18. It is clarified that the observations made herein are only for the purpose of deciding the present petition. The learned Sole Arbitrator shall adjudicate the disputes independently and on their own merits, uninfluenced by any observations contained in the present order. 19. It is made out from the record that the Respondent No. 1 has been served the notice invoking arbitration. 20. In these circumstances, the Petitioners shall ensure service upon Respondent No. 1 of a copy of the present order along with the complete set of pleadings and documents filed in the present proceedings. Respondent No. 1 shall be duly afforded an opportunity to enter appearance and be represented before the learned Sole Arbitrator. 21. Respondent No. 3, being a pro forma Respondent, shall not be required to participate in the arbitral proceedings unless its presence is considered necessary by the learned Sole Arbitrator for the effective adjudication of the disputes. Signed By:PRAGYA ARORA Signing Date:07.10.2026 18:50:48 Signature Not Verified O.M.P.(I) 15/2026 22. The Registry is directed to send a receipt of this order to Ms. Manisha Suri, learned Arbitrator through all permissible modes including email. 23. The learned Sole Arbitrator is requested to decide the matter within a period of 10 days from today. 24. Accordingly, the present petition is disposed of in the above terms. OM PRAKASH SHUKLA, J OCTOBER 7, 2026/pa Signed By:PRAGYA ARORA Signing Date:07.10.2026 18:50:48