Rv Solutions Pvt. Ltd. Vs Patel Dhruv Mukeshkumar — Arbitration | Delhi HC (2025)

Rv Solutions Pvt. Ltd. Vs Patel Dhruv Mukeshkumar — Arbitration | Delhi HC (2025)

What the court decided

AI extract

Outcome

Petition allowed: Ms. Manini Brar, Advocate appointed as Sole Arbitrator to adjudicate the disputes between the parties; arbitration to be conducted under the aegis of DIAC with remuneration in terms of DIAC terms; parties to approach the Sole Arbitrator within two weeks; petition disposed of accordingly.

Issue for consideration

Whether a Sole Arbitrator should be appointed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to adjudicate the disputes between the parties arising out of the agreement dated 29 September 2022, whose Clause 14 contains the arbitration clause, with jurisdiction of the Courts in New Delhi.

Court's answer

The petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 is allowed.

Ratio / Principle

Ms. Manini Brar, Advocate is appointed as Sole Arbitrator to adjudicate the disputes between the parties.

Key takeaways

The arbitration will be held under the aegis of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (DIAC).ratio¶20
The Sole Arbitrator is requested to furnish a declaration in terms of Section 12 of the A&C Act prior to entering into the reference.ratio¶21
All rights and contentions of the parties - including arbitrability/maintainability of any claim, any other preliminary objection, and claims on merits - are left open for adjudication by the Sole Arbitrator (points expressly left open; nothing decided on them by this Court).

Detailed headnote1 paragraphs

Delhi High Court (Anish Dayal, J.), ARB.P. 26/2025, order dated 06.03.2025: Petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 by RV Solutions Pvt. Ltd. seeking appointment of a Sole Arbitrator for disputes under an agreement dated 29 September 2022 whose Clause 14 provides for arbitration, with jurisdiction of the Courts in New Delhi. Legal notices dated 22 October 2024 and 26 November 2024, dispatched by courier, were returned unserved; the Registry service report and affidavit of services filed by counsel record service on the respondent by email; speed-post was unserved and no one appeared for the respondent Patel Dhruv Mukeshkumar. Petition allowed: Ms. Manini Brar, Advocate appointed Sole Arbitrator; arbitration under the aegis of DIAC with remuneration per DIAC terms; declaration in terms of Section 12 of the A&C Act required before entering the reference; all rights and contentions, including arbitrability/maintainability, preliminary objections and merits, expressly left open for adjudication by the Sole Arbitrator; parties to approach the arbitrator within two weeks. Petition disposed of accordingly.

$~1

IN THE HIGH COURT OF DELHI AT NEW DELHI

- ARB.P. 26/2025

RV SOLUTIONS PVT. LTD .....Petitioner

Through: Mr. Ankit Miglani, Adv.

versus

PATEL DHRUV MUKESHKUMAR .....Respondent

Through:

CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 06.03.2025

This petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘ A&C Act ’) to appoint a Sole Arbitrator to adjudicate the disputes between the parties, basis agreement dated 29^th September 2022 executed between the parties. The arbitration clause is contained in Clause 14 of the said agreement providing for arbitration as the mechanism for resolution of disputes. The jurisdiction, as per the agreement, is of the Courts in New Delhi.

The legal notices were sent by the petitioner dated 22^nd October 2024 and subsequently on 26^th November 2024. The said notice was dispatched through courier but was returned as being ‘ unserved ’. Affidavit of service has been filed by counsel for petitioner stating that the service has been done through email to the respondent.

Pursuant to notices issued, service report by the Registry notes that respondent has been served through E-mail, this also affirmed by the

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 11/03/2025 at 11:55:48

affidavit of services which has been filed.

The speed-post however was unserved. In view of the same, no one appears on behalf of respondent.

For the said reasons, the petition is allowed. Since the parties are still having disputes between them, the following directions are issued:

i) Ms. Manini Brar, Advocate (Mob: 9205591340) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

ii) The arbitration will be held under the aegis of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (‘ DIAC ’). The remuneration of the learned Arbitrator shall be in terms of DIAC terms.

iii) The Sole Arbitrator is requested to furnish a declaration in terms of Section 12 of the A&C Act prior to entering into the reference.

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

v) The parties shall approach the Sole Arbitrator within two weeks from today.

The petition is accordingly, disposed of.

Order be uploaded on the website of this Court.

ANISH DAYAL, J

MARCH 6, 2025/ ak/na

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 11/03/2025 at 11:55:48