Surabhi Mehra & Anr. Vs Cg Foods India Pvt. Ltd. — Delhi HC (2025) — LawSathi Research

Surabhi Mehra & Anr. Vs Cg Foods India Pvt. Ltd. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with directions: parties referred to arbitration under the aegis of DIAC; DIAC to appoint a Sole Arbitrator in the first week of July, 2025 (mediation to conclude before 30.06.2025, failing which DIAC to constitute the tribunal); preliminary hearing before DIAC on 11.07.2025 at 10.30 AM; all pleas qua claims and counterclaims left open to arbitration; copy of order sent to the Organizing Secretary of the Delhi High Court Mediation & Conciliation Centre and DIAC.

Issue for consideration

Whether a valid arbitration agreement exists between the parties such that they should be referred to arbitration under the aegis of DIAC with appointment of a Sole Arbitrator. +1 more

Court's answer

There exists a valid arbitration agreement between the parties.

Ratio / Principle

The parties are referred to arbitration under the aegis of the Delhi International Arbitration Centre (DIAC), and DIAC is directed to appoint a Sole Arbitrator in the first week of July, 2025.

Key takeaways

Mediation is to be concluded before 30.06.2025; if the matter is not settled in mediation by then, DIAC will proceed to appoint the Sole Arbitrator and constitute the arbitral tribunal in the first week of July, 2025, with the parties to appear before DIAC on 11.07.2025 at 10.30 AM for a preliminary hearing.ratio¶16
All pleas of the parties qua claims and counterclaims are left open and shall be considered in the arbitration proceedings.ratio¶17

Detailed headnote1 paragraphs

Arbitration reference — existence of arbitration agreement (Clause 14) not disputed by respondent — parties referred to arbitration under the aegis of Delhi International Arbitration Centre (DIAC) — pending mediation before Delhi High Court Mediation & Conciliation Centre to be concluded before 30.06.2025 — failing settlement, DIAC to appoint Sole Arbitrator and constitute arbitral tribunal in first week of July, 2025 — preliminary hearing fixed for 11.07.2025 at 10.30 AM — all pleas of parties qua claims and counterclaims left open to be considered in arbitration — approximate claim stated as Rs. 80 lakhs — petition disposed of (Manmeet Pritam Singh Arora, J., High Court of Delhi, 24.04.2025, ARB.P. 2126/2024).

$~2

IN THE HIGH COURT OF DELHI AT NEW DELHI

- ARB.P. 2126/2024

SURABHI MEHRA & ANR. .....Petitioners

Through: Mr. Fahad Khan, Adv. (Through VC) Mr. Shikhar Sharma, Adv.

versus

CG FOODS INDIA PVT LTD .....Respondent Through: Mr. Kuljeet Rawal and Mr. Aditya Josh, Advs.

CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R % 24.04.2025

Learned counsel for the parties state that mediation proceedings are pending, however the sessions could not be held due to the personal difficulty of the learned Mediator.

Learned counsel for the respondent does not dispute the existence of the arbitration agreement as per Clause 14. He states that appointment of arbitrator may be deferred to after mediation.

Learned counsel for the Petitioner states that approximately the claim in arbitration is Rs. 80 lakhs. He states that the Court may refer the parties to arbitration to be held under the aegis of Delhi International Arbitration Centre (‘DIAC’) and its Rules. He states that the Petitioner is willing to consider mediation and the appointment of Arbitrator be deferred by 8 weeks.

In view of the above, it is apparent that there exists a valid arbitration

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 28/04/2025 at 13:50:42

agreement and thus, the parties are referred to arbitration under the aegis of Delhi International Arbitration Centre (‘DIAC’). The DIAC is directed to appoint a Sole Arbitrator in 1^st week of July, 2025.

The parties and learned Mediator are directed to conclude the mediation proceedings before 30.06.2025. It is directed that in case parties have not settled the matter in mediation by then, the DIAC will proceed to appoint a Sole arbitrator and constitute the arbitral tribunal in 1^st week of July, 2025. Parties will appear before the DIAC on 11.07.2025 at 10.30 AM for a preliminary hearing.

Needless to state that all pleas of parties qua claims and counterclaims are left open and shall be considered in arbitration proceedings.

With the aforesaid directions, the petition stands disposed of.

Copy of the Order be sent to the Organizing Secretary of the Delhi High Court Mediation & Conciliation Centre and DIAC for information and compliance.

MANMEET PRITAM SINGH ARORA, J

APRIL 24, 2025/ hp

Click here to check corrigendum, if any

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 28/04/2025 at 13:50:42