ORIX AUTO INFRASTRUCTURE SERVICES LIMITED v. BEST AGRO LIFE LIMITED
ARB.P./2051/2025 · 2026-07-21
Avneesh Jhingan
body2051
DailyLaw.ai
[ 2051 DAILYLAW 1 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2051 DAILYLAW 1 (DEL) · dailylaw.ai ]
Judgment text
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$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 2051/2025
ORIX AUTO INFRASTRUCTURE SERVICES LIMITED
.....Petitioner
Through: Ms. Anjali Behl, Adv.
versus
BEST AGRO LIFE LIMITED
.....Respondent Through: Mr. Gagan Sahni & Mr. Mehul Malhotra, Advs.
CORAM:
HON'BLE MR. JUSTICE AVNEESH JHINGAN
O R D E R %
21.07.2026
1. This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short „the Act‟) for the appointment of the arbitrator.
2. The brief facts are that the parties to the lis entered into Master Lease Agreement (for short „MLA‟) dated 01.04.2023 whereunder the petitioner had to provide vehicle on lease to the respondent. Dispute arose between the parties. Article 15 of the MLA provides for dispute resolution through arbitration. The petitioner served a notice dated 26.08.2025 under Section 21 of the Act invoking arbitration. Article 15 is reproduced below:
“ARTICLE 15: ARBITRATION AND JURISDICTION
15.1 In the case of any dispute or any difference between the Parties arising out of or in relation to this Agreement including dispute or difference as to the validity of this Agreement or interpretation or any of the provision of 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 23/07/2026 at 11:36:00
this Agreement, the same shall be resolved by mutual
discussion. If the Parties fail to settle the dispute or difference mutually within 15 days after the dispute shall have arisen then the same shall be referred to Arbitration or the sole arbitrator, appointed by the Parties by mutual agreement. Arbitration shall be governed by the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force. The provisions of this Article shall survive the termination of this Agreement. Each Party shall bear its own costs; all common costs shall be shared equally by both the Parties. The venue and seat of the arbitration shall be New Delhi. The language of arbitration shall be English. 15.2 It is agreed by and between the parties that the Courts in New Delhi shall have the exclusive jurisdiction in respect of any matter, claim or dispute arising out of or in any way, relating to this Agreement.”
3.
Learned counsel for the petitioner submits that Article 15 of the MLA provides for resolution of disputes through arbitration. Despite notice under Section 21 of the Act the respondent failed to appoint an arbitrator.
4.
Learned counsel for the respondent contends that two agreements with regard to composite transaction were executed. The MLA is subject matter of this petition and the other agreement is the Master Service Agreement (for short „MSA‟). The argument is that the clauses of both agreements have a bearing on each other and both agreements will have to be considered for resolving the disputes.
5. There is a dispute between the parties and Article 15 of the MLA has an arbitration clause. The contention regarding the composite nature of the transaction is to be considered at the appropriate stage in the arbitral proceedings. 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 23/07/2026 at 11:36:00
6. The petition is allowed by appointing Ms. Apoorva Thakral, Advocate (Mobile No.: 9873046501) as the sole arbitrator for adjudication of the disputes which have arisen between the parties.
7. The fees of the learned Arbitrator will be governed by Schedule IV of the Act. Before entering upon reference, the learned Arbitrator will comply with Section 12 of the Act.
8. It is made clear that since this Court has not expressed any opinion on the merits of the rival claims of the parties, it will be open for the parties to file their respective claims/counter claims before the learned Arbitrator which will be considered in accordance with law.
9. A copy of this order be forwarded to the learned Arbitrator for information.
AVNEESH JHINGAN, J JULY 21, 2026 ‘JK’
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 23/07/2026 at 11:36:00