Sh. Sunder Lal Gupta Vs M/S Sahyog Hospitality & Ors. — Arbitration | Delhi HC (2025)

Sh. Sunder Lal Gupta Vs M/S Sahyog Hospitality & Ors. — Arbitration | Delhi HC (2025)

What the court decided

AI extract

Outcome

Appointment of Hon'ble Ms. Justice Rekha Palli, former judge of the Delhi High Court, as Sole Arbitrator with the consent of the parties; arbitration to be conducted under the aegis and rules of DIAC with fees per the DIAC Schedule of Fees; arbitrator to file Section 12(2) disclosure within a week of entering on reference; all claims/counter-claims left open for decision by the Arbitrator.

Issue for consideration

Constitution/appointment of the Arbitral Tribunal under the parties' arbitration agreement - originally a two-nominee panel with a court-appointed Principal Arbitrator, varied by consent to appointment of a Sole Arbitrator by the Court.

Court's answer

With the consent of the parties, the Court found it apposite to appoint Hon'ble Ms. Justice Rekha Palli, a former judge of this Court, as the Sole Arbitrator.

Ratio / Principle

The arbitration shall take place under the aegis of the Delhi International Arbitration Centre (DIAC) and abide by its rules and regulations.

Key takeaways

The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.ratio¶15
The learned arbitrator is requested to file the requisite disclosure under Section 12 (2) of the Arbitration and Conciliation Act, 1996 within a week of entering on reference.ratio¶16
All rights and contentions of the parties relating to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits in accordance with law.ratio

Detailed headnote1 paragraphs

Arbitration application (O.M.P.(T)(COMM.) 43/2025, Delhi High Court, Purushaindra Kumar Kaurav J, 23.07.2025) disposed of: although the agreement envisaged a Tribunal of two party nominees with a Principal Arbitrator appointed by the Court, learned counsel for both parties consented during hearing to a Sole Arbitrator; the Court accordingly appointed Hon'ble Ms. Justice Rekha Palli, former judge of the Delhi High Court, as Sole Arbitrator. The arbitration is to proceed under the aegis of the Delhi International Arbitration Centre (DIAC) in accordance with its rules, with arbitrator's fees as per the DIAC Schedule of Fees; the arbitrator is to file the requisite disclosure under Section 12 (2) of the Arbitration and Conciliation Act, 1996 within a week of entering on reference; all rights and contentions on claims/counter-claims are kept open for adjudication by the Arbitrator on merits.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- O.M.P. (T) (COMM.) 43/2025

SH. SUNDER LAL GUPTA .....Petitioner

Through: Mr. Manoj Chouhan, Mr. Ujjwal Singh Parmar and Ms. Neha Raj Singh, Advs.

versus

M/S SAHYOG HOSPITALITY & ORS. .....Respondent Through: Mr. Vijay Kasana, Mr. Chirag Verma, Mr. Ankit Kumar and Mr. Vaibhav Sharma, Advs.

CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R

% 23.07.2025

Though as per the agreement, Arbitral Tribunal was to be constituted consisting of two nominees of respective parties and Principal Arbitrator to be appointed by the Court, however, during the course of hearing, learned counsel appearing for the parties have agreed for appointment of the Sole Arbitrator by the Court.

Under the aforesaid circumstances and with the consent of the parties, the Court finds it apposite to appoint Hon’ble Ms. Justice Rekha Palli (Mobile No 9810012120, e-mail id: [email protected],), former judge of this Court, as the sole Arbitrator.

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

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 24/07/2025 at 12:13:38

Schedule of Fees maintained by the DIAC.

The learned arbitrator is also requested to file the requisite disclosure under Section 12 (2) of the Arbitration and Conciliation Act, 1996 within a week of entering on reference.

The registry is directed to send a receipt of this order to the learned arbitrator through all permissible modes, including through e-mail.

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.

Let a copy of the said order be sent to the Arbitrator through the electronic mode as well.

Accordingly, the instant petition stands disposed of.

Dasti.

PURUSHAINDRA KUMAR KAURAV, J

JULY 23, 2025 aks/mj

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 24/07/2025 at 12:13:38