Delhi HC appointed Mr. Sumeher Bajaj as sole arbitrator under Section 11 of the Arbitration Act, 1996, after finding a prima facie valid arbitration agreement in Tax Invoices between the parties regarding a commercial dispute.
Appointment of Mr. Sumeher Bajaj, Advocate, as Sole Arbitrator with directions to file a declaration and remarks for first hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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MS ELAN FASHION .....Petitioner
Through: Mr. Milind Garg, Advocate
versus
MS N AND S EXPORTS .....Respondent Through: Mr. Ashish Dass and Ms. Komal Nanda, Advs. Along with Komal, wife of proprietor
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R
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to this arbitration however, he fairly states that there is no document placed on record evidencing any written instructions from the M/s Continuum Buying Agency to the Respondent for engaging the Petitioner as a subcontractor for embroidery.
2.2 He however, states that in the Respondent’s email dated 30.12.2022 addressed to M/s Continuum Buying Agency the Respondent has written that Petitioner herein is a nominated person of the M/s Continuum Buying Agency.
2.3 He also admits that there is no document on record evidencing existence of an arbitration clause with M/s Continuum Buying Agency.
2.4 He states that he has e-filed his reply. A copy of the reply has been handed across the bar.
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other considerations are to be left to the Arbitral Tribunal. In the facts of the present case where there is a valid arbitration agreement contained in the Tax Invoices dated 12.10.2022 and 11.05.2022 issued by Petitioner to Respondent, which has been considered to be a valid arbitration agreement by the Judgement of coordinate bench of this Court in Dhawan Box Sheet Containers (P) Ltd. v. SEL Manufacturing Co. Ltd.2 . Moreover, the arbitration clause has not been disputed by the Respondent therefore, keeping in mind the limited jurisdiction of the Court at the pre-reference stage, this Court is of the considered opinion petitioner has made out a case for reference to arbitration, leaving all questions open for adjudication by the learned Arbitrator.
1 (2021) 2 SCC 1.
2 2024 SCC OnLine Del 4779
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including as to the arbitrability of any of the claims, joinder of parties, any other preliminary objection, as well as claims on merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator.
MANMEET PRITAM SINGH ARORA, J
APRIL 2, 2025/ hp/AKT
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3 issues framed by the court
Whether the court can form a prima facie view on the existence of a valid arbitration agreement to appoint a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 without adju
Whether the petitioners validly invoked the arbitration agreement contained in the Tax Invoices for the appointment of an Arbitral Tribunal.
Whether there is a valid controversy regarding the existence of the arbitration agreement considering it is not disputed by the respondent.
Colour shows how this judgement treated each authority
Vidya Drolia v. Durga Trading CorpnDistinguished¶24
(2021) 2 SCC 1 · Who else cites this
Dhawan Box Sheet Containers (P) Ltd. v. SEL Manufacturing Co. Ltd.Followed¶27
2024 SCC OnLine Del 4779 · Who else cites this
4 provisions across 1 enactments
MS ELAN FASHION
MS N AND S EXPORTS
Manmeet Pritam Singh Arora
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
