Disposed

Vishalsagar Home and Agro Products Limited v. Tatapower Solar Systems Limited

Delhi HC9 May 2025ARB.P./1617/2024

Case brief

AI extract

What is this about?

Petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator for disputes arising from a Commercial Proposal and Work Order dated 20.11.2017 containing an arbitration clause. The court appointed a sole arbitrator under DIAC rules and left all rights, contentions and preliminary objections open.

What did the court decide?

Sole arbitrator appointed (Ms. Rashmi Chopra); arbitration under DIAC rules; all rights and contentions left open.

Vishalsagar Home and Agro Products Limited Vs Tatapower Solar… — Arbitration | Delhi HC (2025)

¶1

$~6

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- ARB.P. 1617/2024

¶4

VISHALSAGAR HOME AND AGRO PRODUCTS LIMITED

¶5

.....Petitioner

¶6

Through: Mr. Vishwanathan, Ms. Pooja Sharma, Advs.

¶7

versus

¶8

TATAPOWER SOLAR SYSTEMS LIMITED .....Respondent Through: Mr. Dinesh Pardasani, Mr. Bibin Kurian, Advs.

¶9

CORAM: HON'BLE MR. JUSTICE JASMEET SINGH

¶10

O R D E R % 09.05.2025

¶11

This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator arising out of Commercial Proposal and Work Order dated 20.11.2017.

¶12

The Work Order contains arbitration clause being Clause 9 which reads as under:

¶13

“9. If the Dispute arises out of or in connection with any claims made by any Party, such Disputes shall be resolved by arbitration under the Indian Arbitration and Conciliation Act, 1996. The place of arbitration shall be New Delhi, India.”

¶14

Since there were disputes between the parties, the petitioner invoked arbitration vide legal notice dated 11.02.2022.

¶15

This is a digitally signed order.

¶16

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 23:35:39

¶17

The same is disputed by the respondent.

¶18

Thereafter, the petitioner approached the Bombay High Court for appointment of an Arbitrator but the same was withdrawn with liberty to file the petition in competent court of law.

¶19

Hence, the present petition.

¶20

Mr. Pardasani, learned counsel for the respondent states that the notice was never received by the respondent is an issue which the Arbitrator has to decide and his rights and contentions be left open in this regard.

¶21

For the said reasons, the petition is allowed with the following terms and conditions:

¶22

i) Ms. Rashmi Chopra, Sr. Adv. (Mob. No. 9810311218) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

¶23

ii) The arbitration will be held under the aegis and rules of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the ‘DIAC’).

¶24

iii) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators’ Fees) Rules, 2018.

¶25

iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference.

¶26

v) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, as well as non service of notice and its effect and any other preliminary objection, as well as claims/counter-claims and merits of the dispute of either of the parties, are left open for adjudication by

¶27

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 23:35:39

¶28

the learned arbitrator.

¶29

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

¶30

The present petition is disposed of in the aforesaid terms.

¶31

JASMEET SINGH, J

¶32

MAY 9, 2025/DM

¶33

Click here to check corrigendum, if any

¶34

Vishalsagar Home and Agro Products Limited v. Tatapower Solar Systems Limited

Case brief

What is this about?

What did the court decide?

Vishalsagar Home and Agro Products Limited v. Tatapower Solar Systems Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S Khub Chand Tyagi Vs Delhi Jal Board

M/S Athaang Dichpally Tollway Private Limited Vs the National Highways Authority of India & Anr.

Indian Medical Association (Regd) Vs Indian Medical Association (Regd) & Anr.

Indian Railway Catering and Tourism Corporation Limited Vs M/S Vikash Gupta and Company

Good Year Security Service Regd Vs National Institute of Health and Family Welfare Nihfw

M/S Innovative Facility Solutions Pvt. Ltd. Vs M/S Affordable Infrastructure and Housing Projects Pvt. Ltd.