Dismissed¶¶24

Samarjit Sinha v. Kisaan Infotech Limited & Anr.

Delhi HC10 Dec 2025ARB.P./2054/2025

Case brief

AI extract

What is this about?

Section 11(6) Arbitration and Conciliation Act 1996; appointment of Sole Arbitrator; Employment Agreement dated 22.09.2023; no arbitration clause in agreement; absence of ingredients of Section 7(4); sub-silentio under Section 7(4)(c); Section 21 notice dated 24.01.2025; previous notice dated 10.09.2024; no consent to arbitrate; refusal to infer arbitration clause; dismissal of arbitration petition; 2001 (3) SCC 537; Samarjit Sinha; Kisaan Infotech Limited; Subramonium Prasad; Delhi High Court ARB.P. 2054/2025.

What did the court decide?

The material on record reveals that there is no arbitration clause in the Employment Agreement dated 22.09.2023, and the Respondents did not provide their consent to refer the dispute through arbitration. ¶¶19

Samarjit Sinha Vs Kisaan Infotech Limited & Anr. — Arbitration | Delhi HC (2025)

What the court decided

AI extract

Outcome

Dismissed

¶¶24

Issue for consideration

Whether, in the absence of an arbitration clause in the Employment Agreement dated 22.09.2023 and of the Respondents' consent, any of the ingredients of Section 7(4) of the Arbitration and Conciliation Act exist so as to permit inference of an arbitration clause and referral of the disputes to arbitration with appointment of a Sole Arbitrator under Section 11(6). +1 more

¶¶20

Court's answer

¶¶19

Ratio / Principle

Given the absence of any of the ingredients under Section 7(4) of the Arbitration and Conciliation Act, the Court declined to infer an Arbitration Clause on the basis of the Petitioners' submissions and consequentially declined to refer the disputes to arbitration.

¶¶23

Key takeaways

The Petitioner's interpretation of sub-silentio is flawed; perusal of the Apex Court judgment shows that his argument does not hold ground.ratio¶¶18

Detailed headnote1 paragraphs

High Court of Delhi (Subramonium Prasad, J.), Order dated 10.12.2025 in ARB.P. 2054/2025 (Samarjit Sinha v. Kisaan Infotech Limited & Anr.): a Section 11(6) petition seeking appointment of a Sole Arbitrator for disputes under an Employment Agreement dated 22.09.2023 (unpaid salary 01/01/2024–31/03/2024, unreimbursed expenses, damages) was disposed of, as dismissed. The Court found no arbitration clause in the Agreement and no consent by the Respondents to arbitrate; the ingredients of Section 7(4) being absent, it declined to infer an arbitration clause or refer the disputes to arbitration. The Petitioner's sub-silentio argument under Section 7(4)(c) — that non-reply to his Section 21 notice dated 24.01.2025 evidenced acceptance of the arbitration clause — was rejected as a flawed interpretation, the Court relying on the Apex Court's exposition of sub-silentio in 2001 (3) SCC 537.

¶1

$~57

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- ARB.P. 2054/2025 SAMARJIT SINHA .....Petitioner

¶4

Through: Mr. M. Poudiuwibou, Advocate

¶5

versus

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KISAAN INFOTECH LIMITED & ANR. .....Respondents Through:

¶7

CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

¶8

O R D E R % 10.12.2025

¶9

The present Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, by the Petitioner seeking appointment of a Sole Arbitrator to adjudicate upon the disputes between the parties under the Employment Agreement dated 22.09.2023.

¶10

It is the case of the Petitioner that he was appointed as a Director in Kisaan Infotech Limited/Respondent No.1. It is stated that the Respondent No.1 has defaulted in payment of salary to the Petitioner from 01/01/2024 to 31/03/2024. He has also not been given reimbursement towards out of pocket expenses incurred for official work; and damages towards loss of salary due to non-compliance with the investment term sheet. Despite repeated reminders, the grievances of the Petitioner have not been addressed.

¶11

A Notice under Section 21 of the Arbitration and Conciliation Act, 1996, was sent to the Respondents on 24.01.2025 invoking arbitration under clause 11 of the said Agreement., which has not been replied to by the

¶12

This is a digitally signed order.

¶13

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 19/12/2025 at 12:54:14

¶14

Respondents. Paragraph 11 of the Notice under Section 21 dated 24.01.2025 reads as under:-

¶15

“In view of your failure to respond to our previous notice dated 10.09.2024, we are now compelled to refer this dispute to arbitration. The issues of nonpayment of salary, non-reimbursement of expenses, and damages for the loss of opportunity and reputation remain unresolved, and thus require formal arbitration proceedings to be initiated for their resolution.

¶16

We hereby notify you that My Client is referring this dispute to arbitration and requests that you respond to this notice and the issues raised therein within 10 (ten) days from the receipt of this letter.”

¶17

It is the case of the Petitioner that the present Petition has been filed by invoking the principle of sub-silentio under Section 7(4)(c) stating that since there is no reply to said notice, the Respondents have accepted that there is an Arbitration Clause and therefore, the disputes can be adjudicated through arbitration. The Apex Court has laid down the law on sub-silentio in 2001 (3) SCC 537 [Put judgment name] . The relevant extract is as follows: [para 10-13].

¶18

It is clear from the perusal of the Apex Court judgment that the argument of the Petitioner does not hold ground as the interpretation of the Petitioner with regards to sub-silentio is flawed.

¶19

The material on record reveals that there is no arbitration clause in the Employment Agreement dated 22.09.2023. Further, the Respondents did not provide their consent to refer the dispute through arbitration.

¶20

In view of the absence of any of the ingredients under Section 7(4) of the Arbitration and Conciliation Act, this Court is not inclined to infer an

¶21

This is a digitally signed order.

¶22

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 19/12/2025 at 12:54:14

¶23

Arbitration Clause on the basis of the submissions of the Petitioners and consequentially declines to refer the disputes to arbitration.

¶24

The present Petition is disposed of, as dismissed.

¶25

SUBRAMONIUM PRASAD, J

¶26

DECEMBER 10, 2025 Prateek

¶27

This is a digitally signed order.

¶28

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 19/12/2025 at 12:54:14

Samarjit Sinha v. Kisaan Infotech Limited & Anr.

Case brief

What is this about?

What did the court decide?

Samarjit Sinha v. Kisaan Infotech Limited & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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