$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 2076/2025 ARPIT PROJECTS PVT LTD .....Petitioner Through: Mr. Chetan Anand, Mr. Akash Srivastava, Mr. Prateek Tripathi & Mr. Maitray Rathi, Advs. versus FUN GATEWAY ARENA PVT LTD .....Respondent Through: Ms. Aayushi Pandey, Adv. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN O R D E R % 24.07.2026 1. This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) for appointment of an arbitrator. 2. The brief facts are that the petitioner is a private limited company engaged in the business of hospitality. The parties to the lis entered into a Leave and License Agreement dated 16.02.2023 (for short ‘the agreement’), whereby the petitioner granted the respondent license to use the licensed premises situated at Gurugram for operating a family entertainment centre with food and allied activities under the brand name ‘ZOREKO’. Clause 26 of the agreement provided for resolution of disputes through arbitration. 2.1 Disputes arose between the parties regarding payment of license fee and breach of the terms of the agreement. The petitioner invoked the arbitration agreement by issuing a notice dated 22.10.2025 under Section 21 of the Act. Hence, the present petition. 3. Learned counsel for the petitioner contends that there exists a valid 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 31/07/2026 at 13:30:28 arbitration agreement and arbitrator be appointed. 4. Per contra in terms of Clause 26 of the agreement, arbitration proceedings cannot be initiated without first making an attempt to resolve the disputes through discussions. 5. In rebuttal, learned counsel for the petitioner submits that the parties had to indulge in discussions to resolve the disputes before invoking arbitrations. 6. Heard learned counsel for the parties and perused the relevant record with their able assistance. 7. Before proceeding further, it would be relevant to quote clause 26 of the Agreement:- 26. GOVERING LAW AND JURISDICTION: In the case of any dispute, controversy or claim arising out of or in connection with this License Agreement, including any question regarding its existence, validity, interpretation, breach or termination between any of the Parties, such Parties shall attempt to first resolve such dispute or claim through discussions. If the dispute is not resolved through such discussions within 30 (Thirty) days, then either Party shall be entitled to send a written notice of arbitration on the other disputing Party requesting the commencement of arbitration proceedings in accordance with the Arbitration and Conciliation Act, 1996 as in force on the date hereof or any subsequent amendment thereof. The dispute(s) shall be referred for adjudication by a Sole Arbitrator to be appointed with the mutual consent of the Parties. The seat and venue of Arbitration shall be at New Delhi and the language of the Arbitration proceedings shall be in English. The Parties shall be responsible to bear their respective costs and expenses in relation to any such Arbitration proceeding and any cost with respect to such arbitral tribunal shall be borne equally by both Parties unless the arbrtral tribunal decides otherwise.” 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 31/07/2026 at 13:30:28 8. Document No. 3 attached with the petition discloses that the parties exchanged e-mails in an attempt to resolve the disputes. The discussion was initiated by the petitioner on 18.08.2025 and the disputes having remained unresolved for a period of thirty days thereafter, the pre-condition under Clause 26 of the agreement stands satisfied. 9. The petition is allowed by appointing Justice Mr. G Ramkrishna Prasad (Retd.) (Mobile No.9811966676) as the sole arbitrator for adjudication of the disputes which have arisen between the parties. 10. Arbitral proceedings will be held under the aegis of Delhi International Arbitration Centre (DIAC). Fee of the Arbitrator shall be fixed as per fee schedule. 11. Before entering upon reference, the learned Arbitrator will comply with Section 12 of the Act. 12. It is made clear that since this Court has not expressed any opinion on the merits of the rival claims of the parties and 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. 13. A copy of this order be forwarded to the learned Arbitrator for information. AVNEESH JHINGAN, J JULY 24, 2026 Ch 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 31/07/2026 at 13:30:28