Disposed¶30

Mr. Surjeet Singh Chadha v. M/S Ashimara Housing Pvt. Ltd.

Arbitration and Conciliation Act, 1996 – Section 11 – Appointment of Arbitrator

Delhi HC20 Nov 2025ARB.P./1420/2025

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Case brief

AI extract

What is this about?

Delhi High Court, ARB.P. 1420/2025, decided 20.11.2025 by Purushaindra Kumar Kaurav, J. Section 11 Arbitration and Conciliation Act 1996 petition; appointment of sole arbitrator by mutual consent; arbitration clause Clause 14.2 of lease deed; seat New Delhi; DIAC (Delhi International Arbitration Centre) rules and fee schedule; Section 12(2) disclosure; Surjeet Singh Chadha v. M/S Ashimara Housing Pvt Ltd; petition disposed of with rights and contentions kept open; no opinion on merits.

What did the court decide?

Appointment of Ms. Anuradha Mishra as Sole Arbitrator to adjudicate the inter se disputes; arbitration to proceed under the aegis of DIAC with fees per the DIAC Schedule of Fees. ¶30

Mr. Surjeet Singh Chadha Vs M/S Ashimara Housing Pvt. Ltd. — Arbitration | Delhi HC (2025)

What the court decided

AI extract

Outcome

Appointment of Ms. Anuradha Mishra as Sole Arbitrator to adjudicate the inter se disputes; arbitration to proceed under the aegis of DIAC with fees per the DIAC Schedule of Fees.

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Issue for consideration

Whether an arbitrator should be appointed to adjudicate the disputes between the parties under the arbitration clause (Clause 14.2) of the lease deed.

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Court's answer

Ms. Anuradha Mishra is appointed as the Sole Arbitrator to adjudicate upon the inter se disputes between the parties.

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Ratio / Principle

The arbitration shall take place under the aegis of the Delhi International Arbitration Centre (DIAC), in terms of its rules and regulations, with the arbitrator entitled to fees as per the DIAC Schedule of Fees.

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Key takeaways

The learned arbitrator is requested to file the requisite disclosure under Section 12(2) of the Act within a week of entering on reference.ratio¶27
All rights and contentions of the parties in relation to claims/counter-claims are kept open, to be decided by the Sole Arbitrator on their merits in accordance with law.ratio¶28
Nothing in the order shall be construed as an expression of opinion of the Court on the merits of the controversy between the parties.

Detailed headnote1 paragraphs

Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Petition filed before the High Court of Delhi (ARB.P. 1420/2025) by Mr. Surjeet Singh Chadha against M/S Ashimara Housing Pvt Ltd seeking appointment of an arbitrator for disputes arising under a lease deed. Both parties admitted the existence of the arbitration clause (Clause 14.2 of the lease deed, providing for a sole arbitrator mutually appointed, seat at New Delhi, English language, exclusive jurisdiction of New Delhi courts) and mutually consented to the appointment. The Court appointed Ms. Anuradha Mishra as Sole Arbitrator, directed that the arbitration be conducted under the aegis of the Delhi International Arbitration Centre (DIAC) per its rules with fees as per the DIAC Schedule of Fees, required the arbitrator to file the Section 12(2) disclosure within a week of entering on reference, kept all rights and contentions of the parties open for decision on merits by the arbitrator, and expressly reserved that nothing in the order was an expression of opinion on the merits. Petition disposed of.

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$~O-4

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 1420/2025

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Date of Decision : 20.11.2025

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IN THE MATTER OF:

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MR. SURJEET SINGH CHADHA .....Petitioner

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Through: Ms. Kirti Mewar and Ms. Kriti Sharma, Advs.

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versus

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M/S ASHIMARA HOUSING PVT LTD

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.....Respondent Through: Ms. Smriti Verma, Mr. Pranay Chitale and Mr. Samyak Jain, Advs.

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CORAM:

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HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

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JUDGEMENT

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PURUSHAINDRA KUMAR KAURAV, J. (ORAL)

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The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter “ the Act ”), seeking appointment of an Arbitrator, to adjudicate upon the disputes that have arisen between the parties.

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The parties have admitted that an arbitration clause exists in the agreement between the parties and have also mutually consented to the appointment of an arbitrator. Clause 14.2 of the lease deed in question is extracted as under:

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“ 14.2. Governing law. Arbitration and Jurisdiction

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Signature Not Verified

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Signed By:PRIYA Signing Date:27.11.2025 18:32:40

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Signature Not Verified

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Signed By:PURUSHAINDRA KUMAR KA URAV

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i. The Agreement shall be governed by the laws of India.

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ii. In case of any dispute arising between the parties, the parties shall first submit such dispute to Arbitration to be adjudicated by a sole arbitrator mutually appointed by the parties. The orders of such arbitrator shall be final and binding upon the parties. The seat of arbitration shall be New Delhi and the language shall be English.

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iii. The courts at New Delhi alone shall have exclusive jurisdiction to deal with all matters concerning this Agreement. ”

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Accordingly, Ms. Anuradha Mishra (Mobile No.-+91-9971391034 and e-mail-id: [email protected] ) is being appointed as the Sole Arbitrator to adjudicate upon the inter se disputes between the parties.

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The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and in terms of its rules and regulations. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.

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The learned arbitrator is also requested to file the requisite disclosure under Section 12 (2) of the Act within a week of entering on reference.

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All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the Sole Arbitrator on their merits, in accordance with law.

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Needless to say, nothing in this order shall be construed as an expression of opinion of this Court on the merits of the controversy between the parties. Let a copy of the instant order be sent to the Sole Arbitrator through electronic mode as well.

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