Disposed¶15

M S Hotcrete Infrastucture Pvt. Ltd. v. M S Oxyzo Finance Services Pvt. Ltd. & Anr.

Delhi HC4 Mar 2025ARB.P./15/2025

Case brief

AI extract

What is this about?

ARB.P. 15/2025; Delhi High Court; Manoj Kumar Ohri; 04.03.2025; Section 11(5) Arbitration and Conciliation Act 1996; appointment of sole arbitrator; MOU dated 23.11.2018 Clause 15 arbitration clause New Delhi; Section 21 notice invoking arbitration dated 19.06.2024; deemed served; unrepresented respondents; DIAC Delhi International Arbitration Centre; DIAC Administrative Cost and Arbitrators Fees Rules 2018; Section 12 declaration; Aditya Malhotra sole arbitrator; M S Hotcrete Infrastructure Pvt Ltd; M S Oxyzo Finance Services Pvt Ltd & Anr.; arbitration petition disposed.

What did the court decide?

Disputes between the parties referred to the Arbitral Tribunal; Mr. Aditya Malhotra, Advocate appointed as Sole Arbitrator; arbitration to be conducted under the aegis of DIAC, Delhi High Court. ¶15

M S Hotcrete Infrastucture Pvt. Ltd. Vs M S Oxyzo Finance Services… — Arbitration | Delhi HC (2025)

What the court decided

AI extract

Outcome

Disputes between the parties referred to the Arbitral Tribunal; Mr. Aditya Malhotra, Advocate appointed as Sole Arbitrator; arbitration to be conducted under the aegis of DIAC, Delhi High Court.

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Issue for consideration

Whether an Arbitral Tribunal comprising a Sole Arbitrator should be appointed under Section 11(5) of the Arbitration and Conciliation Act, 1996 to adjudicate the disputes between the parties.

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Court's answer

Present petition is disposed of with directions; the disputes between the parties under the said Agreement are referred to the Arbitral Tribunal.

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Ratio / Principle

Mr. Aditya Malhotra, Advocate is appointed as the Sole Arbitrator to adjudicate the disputes between the parties.

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Key takeaways

The arbitration is to be held under the aegis of the Delhi International Arbitration Centre (DIAC), Delhi High Court, Sher Shah Road, New Delhi, with the arbitrator's remuneration in terms of the DIAC (Administrative Cost and Arbitrators' Fees) Rules, 2018 or as the parties may agree.ratio¶15
With respondents deemed served, unrepresented and having filed no reply, the court proceeded on the view that the respondents raised no objection to reference of the disputes to a Sole-Arbitrator tribunal.ratio¶15
The learned Arbitrator(s) shall furnish a declaration in terms of Section 12 of the Act prior to entering upon the reference.

Detailed headnote1 paragraphs

Delhi High Court (Manoj Kumar Ohri, J.), ARB.P. 15/2025, decided 04.03.2025 — Petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 by M S HOTCRETE INFRASTUCTURE PVT LTD [sic] seeking appointment of a Sole Arbitrator pursuant to Clause 15 of an MOU dated 23.11.2018 (seat: New Delhi); notice invoking arbitration dated 19.06.2024 issued under Section 21 of the A&C Act. Respondents M S OXYZO FINANCE SERVICES PVT LTD & ANR., unrepresented and without reply, were deemed served. Petition disposed of: disputes referred to Arbitral Tribunal; Mr. Aditya Malhotra, Advocate appointed Sole Arbitrator; arbitration under the aegis of DIAC (Delhi High Court, Sher Shah Road, New Delhi) with remuneration per DIAC (Administrative Cost and Arbitrators' Fees) Rules, 2018; declaration under Section 12 of the Act required before entering the reference; all rights and contentions, including validity of the arbitration agreement, arbitrability, preliminary objections, interim relief and merits, left open for the arbitrator; parties to approach the arbitrator within two weeks.

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$~14

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 15/2025

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M S HOTCRETE INFRASTUCTURE PVT LTD .....Petitioner Through: Mr. Lalit Kumar, Advocate.

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versus

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M S OXYZO FINANCE SERVICES PVT LTD

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& ANR. .....Respondents Through: None.

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CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 04.03.2025

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By way of present petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the 8A&C Act9), the petitioner seeks appointment of Arbitral Tribunal comprising of a Sole arbitrator, to adjudicate the disputes between the parties.

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Learned counsel for the petitioner submits that the parties entered into a MOU dated 23.11.2018, Clause 15 of which provides that disputes with respect to the Agreement shall be resolved through arbitration, to be held in accordance with provisions of the A&C Act and further designates New Delhi as the place of arbitration.

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The petition is accompanied by notice invoking arbitration dated 19.06.2024 issued to the respondents under Section 21 of the A&C Act.

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Learned counsel for the petitioner submits that respondents have been served and an affidavit of service has also been filed in this regard. Accordingly, respondents are deemed to be served.

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This is a digitally signed order.

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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 30/06/2025 at 23:40:26

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Today, neither the respondents are represented, nor any reply has been filed. It appears that the respondents have no objection to the reference of disputes to the Arbitral Tribunal comprising of a Sole Arbitrator. Accordingly, present petition is disposed of with the following directions :- i) The disputes between the parties under the said Agreement are referred to the Arbitral Tribunal. ii) Mr. Aditya Malhotra, Advocate (Mob: 9971274278) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties. iii) The arbitration will be held under the aegis of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the 8DIAC9). The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators9 Fees) Rules, 2018 or as the parties may agree.

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iv) The learned Arbitrators shall furnish a declaration in terms of Section 12 of the Act prior to entering into the reference. v) It is made clear that all the rights and contentions of the parties, including on the existence and validity of the Arbitration agreement, arbitrability of any of the claim/counter claim, any other preliminary objection, need and legality of interim relief, as well as contentions on merits of the dispute by either of the parties, are left open for adjudication by the learned arbitrator.

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vi) The parties shall approach the learned Arbitrators within two weeks from today.

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MANOJ KUMAR OHRI, J

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MARCH 4, 2025/ ga

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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 30/06/2025 at 23:40:26

M S Hotcrete Infrastucture Pvt. Ltd. v. M S Oxyzo Finance Services Pvt. Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

M S Hotcrete Infrastucture Pvt. Ltd. v. M S Oxyzo Finance Services Pvt. Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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