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2026 DAILYLAW 21670 (DEL)

MULTICOAT COATING TECHNOLOGIES PRIVATE LIMITED v. M/S COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH (CSIR)

ARB.P./1263/2026 · 2026-10-07

Om Prakash Shukla

body2026

Judgment text

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ARB.P. 1263/2026 p. 1 $~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010338292026 + ARB.P. 1263/2026 MULTICOAT COATING TECHNOLOGIES PRIVATE LIMITED .....Petitioner Through: Mr. Ankit Verma, Mr. Ankur Jain and Ms. Saihiksha Singh, Advs. versus M/S COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH (CSIR) .....Respondent Through: Mr. Chetanya Puri, Ms. Vidhi Gupta and Ms. Nisha Puri, Advocates. CORAM: HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT(ORAL) % 07.10.2026 1. It is well settled that, while exercising jurisdiction under Section 11 of the Arbitration and Conciliation Act, 19961, the scope of enquiry is confined to examining the prima facie existence of an arbitration agreement2. 2. In the present case, there is no dispute with regard to the existence of a valid arbitration clause between the parties. 3. Further, the parties are ad idem with respect to the reference of 1 “Act” hereinafter 2 SBI General Insurance Co. Ltd. v. Krish Spinning 2024 SCC OnLine SC 1754 ARB.P. 1263/2026 p. 2 the disputes to arbitration. In the aforesaid circumstances, this Court finds no impediment in appointing a Sole Arbitrator. 4. Accordingly, Mr. Abhishek Mahajan, Advocate (Mob. No.9810981602) 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 today. 5. 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 three weeks of entering reference. 6. 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. 7. Learned Counsel for the Respondent submits that an expert may be required in the present proceedings and that the learned Arbitrator may appoint an expert, if necessary. 8. Needless to say, it shall be open to the learned Arbitrator to appoint an expert, if considered necessary, in accordance with law. 9. It shall be open to the parties to raise all pleas, including objection as to arbitrability and jurisdiction, before the learned Sole ARB.P. 1263/2026 p. 3 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 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. Abhishek Mahajan, learned Arbitrator through all permissible modes including email. 12. Accordingly, the present petition is disposed of in the above terms. OM PRAKASH SHUKLA, J OCTOBER 7, 2026/pa