Gail (India) Ltd. Vs Pioneer Power Ltd.

The present petition has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 [hereinafter ‘the Act’] seeking appointment of a Sole Arbitrator for the adjudication of the disputes between the parties arising out of a Gas Sales Agreement dated 5^th January, 2016 [hereinafter the ‘Agreement’].

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Counsel for the petitioner states that the Agreement contains an arbitration clause, i.e. Clause 15.9(c), which provides for adjudication of disputes arising between the parties by arbitration. For ease of reference, Clause 15.9(c) is set out below:

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ARB.P. 1530/2025

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Page 1 of 4

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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 15/12/2025 at 12:51:47

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The petitioner sent an Arbitration notice dated 26^th January, 2025 to the respondent under Section 21 of the Act, invoking the aforesaid arbitration clause.

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Since the respondent has not replied to the aforementioned invocation notice, the petitioner has been constrained to approach this Court by way of

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ARB.P. 1530/2025

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Page 2 of 4

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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 15/12/2025 at 12:51:47

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the present petition.

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As per the report of the Registry, respondent has been served through e-mail.

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None appears on behalf of the respondent despite service.

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I am satisfied that there exists a valid arbitration agreement and there are disputes which need to be adjudicated through arbitral mechanism.

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Counsel for the petitioner submits that in another dispute arising out of the same contract between the same parties, Justice (Retd.) G.S. Sistani, Former Judge, Delhi High Court has been appointed as an Arbitrator.

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Therefore, counsel for the petitioner submits that Justice (Retd.) G.S. Sistani may be appointed as Arbitrator in the present matter as well. 10. Accordingly, the dispute between the parties arising out of the Agreement is referred to the Arbitral Tribunal comprising a Sole Arbitrator. The following directions are issued in this regard:

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a. Justice (Retd.) G.S. Sistani, Former Judge of this Court (Mobile

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No.: +91- 9871300034) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

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b. The arbitral proceedings shall be held under the aegis and Rules of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter ‘DIAC’).

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c. The remuneration of the Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators’ Fees) Rules, 2018. d. The Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference. In the event there is any impediment to the Arbitrator’s appointment on that count, the parties are given liberty to file an appropriate application before

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Page 3 of 4

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ARB.P. 1530/2025

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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 15/12/2025 at 12:51:47

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this Court.

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e. The parties shall approach the Arbitrator within two (2) weeks from today.

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It is made clear that all the rights and contentions of the parties, including the arbitrability of any of the claims and/ or counter claims, any other preliminary objection, as well as claims on merits of the dispute of either of the parties, are left open for adjudication by the Arbitrator.

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The petition stands disposed of in the aforesaid terms. 13. Needless to state, nothing in this order shall be construed as an expression of this Court on the merits of the case.

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The Registry is directed to send a copy of this order to the Secretary, DIAC for information and compliance and the learned Sole Arbitrator.

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AMIT BANSAL, J

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DECEMBER 11, 2025 at

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ARB.P. 1530/2025

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Page 4 of 4

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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 15/12/2025 at 12:51:47

Gail (India) Ltd. v. Pioneer Power Ltd.

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Gail (India) Ltd. v. Pioneer Power Ltd.

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