Disposed

Davinder Singh v. Gurdharshan Singh & Anr.

Delhi HC16 Sept 2026ARB.P./1379/2026

Case brief

AI extract

What is this about?

The petitioner, Davinder Singh, filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator for disputes arising from a 1992 partnership deed to which he was not a signatory. The court found the petition not maintainable on this ground. The petitioner withdrew the petition with liberty to approach the competent court. The court clarified that the time spent during the pendency of the petition would be excluded for limitation purposes and that no merits were decided.

What did the court decide?

Petition disposed of as withdrawn with liberty to approach the competent court; time spent from filing to withdrawal excluded for limitation purposes.

Davinder Singh Vs Gurdharshan Singh & Anr. — Arbitration | Delhi HC (2026)

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$~14

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CNR No. DLHC010365732026

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- ARB.P. 1379/2026

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DAVINDER SINGH .....Petitioner

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Through: Mr. Madhav K Sareen, Ms. Prachi Saini, Mr. Vinay Sehrawat and Ms. Amik Kaur, Advocates.

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versus

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GURDHARSHAN SINGH & ANR. .....Respondents Through: Mr. Siddharth Joshi and Ms. Leena, Advocates.

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CORAM:

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HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R % 16.09.2026

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The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 by the Petitioner seeking appointment of an Arbitrator to adjudicate upon the disputes between the parties under a Deed of Partnership dated 15.05.1992 ( hereinafter referred to as “ Partnership ”).

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It is stated that the dispute arose under a Deed of Partnership dated 15.05.1992 entered into between Sh. Gurcharan Singh, Sh. Gurdarshan Singh and Sh. Mohinder Singh. It is stated that the Petitioner is the son of Sh. Gurcharan Singh. Sh. Gurucharan Singh has passed away and the Partnership has been dissolved. Material on record also indicates that the Petitioner is not a signatory to the Partnership nor has the firm been

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This is a digitally signed order.

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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 18/09/2026 at 10:54:23

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reconstituted.

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In view of the above, this Court made a suggestion to the learned Counsel for the Petitioner that the present Petition is not maintainable as much as the Petitioner is not a signatory to the arbitration agreement.

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Learned Counsel for the Petitioner seeks permission to withdraw the present Petition with liberty to approach the Court of competent jurisdiction to take steps in accordance with the law.

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It is made clear that the time spent from the filing of the present Petition till the withdrawal would be taken into account while calculating limitation under the Limitation Act, 1963.

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It is also made clear that this Court has not made any observations on the merits of the case and this Court has only disposed of the case on the issue of maintainability.

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In view of the above, the present Petition is disposed of as withdrawn.

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SUBRAMONIUM PRASAD, J

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SEPTEMBER 16, 2026 Prateek

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This is a digitally signed order.

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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 18/09/2026 at 10:54:23

Davinder Singh v. Gurdharshan Singh & Anr.

Case brief

What is this about?

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Davinder Singh v. Gurdharshan Singh & Anr.

Case brief

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