Allowed

M/S v.S.Sethia and Company v. Union of India through the Secrrtary, Ministry of Defence & Anr.

Delhi HC18 Dec 2025ARB.P./1686/2025

Case brief

AI extract

What is this about?

This order appoints a sole arbitrator to adjudicate disputes arising from a supply contract between the Petitioner and Respondents. The Appointed Arbitrator shall follow DIAC rules, file a disclosure statement, and determine the merits of claims and counter-claims.

What did the court decide?

Appointment of Ms. Radhika Roy as sole arbitrator to adjudicate disputes under contract dated 22.10.2007 under DIAC rules.

M/S v.S.Sethia and Company Vs Union of India through the… — Arbitration | Delhi HC (2025)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 1686/2025 & I.A. 25529/2025

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M/S V.S.SETHIA AND COMPANY .....Petitioner

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Through: Mr. BS Mathur, Adv.

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versus

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UNION OF INDIA THROUGH THE SECRRTARY, MINISTRY OF DEFENCE & ANR. .....Respondents Through: Dr. B Ramaswamy, CGSC. Mr. Farman Ali, CGSC, Ms. Usha Jamnal, GP

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CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R

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% 18.12.2025

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This Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator to adjudicate on the disputes which have arisen between the parties under Contract dated 22.10.2007.

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It is stated that under the said Agreement, the Petitioner was to supply turpentine oil to the Respondents. It is stated that disputes arose between the parties under the contract and an Arbitral Tribunal was constituted to adjudicate upon the disputes. It is stated that the Arbitral Tribunal passed an award on 30.12.2015. It is stated that the said Award was challenged by the Petitioner by filing a Petition under Section 34 of the Arbitration and Conciliation Act, 1996, being Arbitration No. 13089/16, before the learned District Judge – 01, New Delhi District, Patiala House Courts, New Delhi. It

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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 23/12/2025 at 14:13:04

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is stated that vide Order dated 13.05.2024, the learned District Judge has set aside the Award. It is stated that after the award was set aside, the Petitioner herein requested the Respondents for releasing the forfeited performance security. It is stated that since the Respondents have not released the performance security, the Petitioner has approached this Court by filing the present Petition.

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Learned Counsel appearing for the Respondents state that they have no objection to the present Petition.

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In view of the fact that disputes have arisen between the parties and there is an arbitration clause in the Agreement, this Court is inclined to appoint an Arbitrator to adjudicate upon the disputes between the parties.

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Accordingly, Ms. Radhika Roy, Adv. (Mob: 9650605676) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties.

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The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and would abide by 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 Arbitration & Conciliation Act within two weeks of entering the 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 learned 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 on the merits.

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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 23/12/2025 at 14:13:04

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The present petition stands disposed of in the above terms along with pending application(s), if any.

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SUBRAMONIUM PRASAD, J

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DECEMBER 18, 2025 Rahul

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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 23/12/2025 at 14:13:04

M/S v.S.Sethia and Company v. Union of India through the Secrrtary, Ministry of Defence & Anr.

Case brief

What is this about?

What did the court decide?

M/S v.S.Sethia and Company v. Union of India through the Secrrtary, Ministry of Defence & Anr.

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

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