Permission petition filed under Section 11 of the Arbitration Act, 1996 for appointment of a sole arbitrator. Court allowed petition and referred dispute to arbitration, leaving questions of maintainability and merits for the arbitrator.
Reference of disputes between parties under Lease Deed dated 14.01.2019 to arbitration of Mr. L.K. Gaur under DIAC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~5
versus
M/S CAFE MOON STAR PVT. LTD. .....Respondent Through: Ms. Aanchal Budhraja , Advocate (D/4191/2014) M- 9654554644
CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN
O R D E R
% 01.08.2024
Page 1 of 2
ARB.P. 687/2024
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 02/07/2025 at 00:13:52
appearance, and submits that the existence of the arbitration clause is undisputed, but the respondent has several defences on maintainability and merits of the claims.
PRATEEK JALAN, J
AUGUST 1, 2024 SS/
ARB.P. 687/2024
Page 2 of 2
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 02/07/2025 at 00:13:52
2 issues framed by the court
Whether a reference to arbitration under Section 11 requires a bright-line test with no exceptions.
Whether maintainability and merits of the dispute preclude appointment of an arbitrator.
2 provisions across 1 enactments
Rajan Gupta
M/S Cafe Moon Star Pvt. Ltd.
Prateek Jalan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
