ARB.P. 1910/2025 p. 1 $~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010891892025 + ARB.P. 1910/2025 ANITA .....Petitioner Through: Mr. Shagir Khan and Mr. Sagar, Advocates. versus M/S AIRPLAZA RETAIL HOLDING PVT. LTD. .....Respondent Through: Mr. Harsh Kaushik, and Ms. Adrija Mishra, Advocates. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 29.09.2026 1. This petition is filed on behalf of the Petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘1996 Act’) seeking appointment of a Sole Arbitrator in terms of Arbitration Clause 17 of the registered Lease Agreement dated 14.10.2015. 2. Learned counsel appearing on behalf of the Respondent takes a preliminary objection to the maintainability of this petition on the ground that it is premature, as Petitioner did not send the notice invoking arbitration under Section 21 of the 1996 Act and in this context, places reliance on the judgments of the Supreme Court in Bharat Sanchar Nigam Limited and Another v. Union of India and Others, 2006 SCC OnLine SC 258 and Adavya Projects Private Limited v. Vishal Structurals Private Limited and 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 08/10/2026 at 11:07:35 ARB.P. 1910/2025 p. 2 Others, 2025 SCC OnLine SC 806 as also of the Co-ordinate Bench of this Court in Shes Air and Automation v. Airport Authority of India and Ors., Arb. P. 1387/2024, decided on 28.02.2025. 3. In light of the objection, counsel for the Petitioner, on instructions, seeks to withdraw this petition with liberty to invoke arbitration in terms of Clause 17 of the Lease Agreement. 4. Petition is disposed of as withdrawn with liberty as prayed for in accordance with law. It is made clear that this Court has not expressed any opinion on the merits of the case and all rights and contentions of the parties are left open. JYOTI SINGH, J SEPTEMBER 29, 2026/HS 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 08/10/2026 at 11:07:35