Allowed¶16

Ofb Tech Limited v. Elixir Extracts Private Limited & Ors.

Delhi HC13 Apr 2026ARB.P./407/2026

Case brief

AI extract

What is this about?

OFB Tech Limited v. Elixir Extracts Private Limited & Ors.; ARB.P. 407/2026; Delhi High Court; Avneesh Jhingan, J.; order dated 13.04.2026; Section 11 Arbitration and Conciliation Act 1996; appointment of sole arbitrator; Justice Ajay Tiwari (Retd.); Business Transfer Agreement dated 05.04.2025; clause 14.2.1; clause 14.2.2; misrepresentation; dispute notice 18.12.2025; consultation agreement 20.06.2025; DIAC; Section 12 compliance; no opinion on merits; claims and counterclaims.

What did the court decide?

Appointment of Justice Mr. Ajay Tiwari (Retd.) as sole arbitrator for adjudication of the disputes between the parties; arbitral proceedings to be held under the aegis of Delhi International Arbitration Centre (DIAC) with the arbitrator's fee fixed as per fee schedule. ¶16

Ofb Tech Limited Vs Elixir Extracts Private Limited & Ors. — Arbitration | Delhi HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether an arbitrator should be appointed under Section 11 of the Arbitration and Conciliation Act, 1996 to adjudicate the disputes arising between the parties, arbitration having been invoked under clause 14.2.2 of the BTA on 29.12.2025 without any arbitrator being appointed.

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Court's answer

The petition under Section 11 of the Arbitration and Conciliation Act, 1996 is allowed and Justice Mr. Ajay Tiwari (Retd.) is appointed as the sole arbitrator for adjudication of the disputes which have arisen between the parties.

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Ratio / Principle

Arbitral proceedings will be held under the aegis of Delhi International Arbitration Centre (DIAC) and the fee of the Arbitrator shall be fixed as per fee schedule.

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Key takeaways

Before entering upon reference, the learned Arbitrator will comply with Section 12 of the Act.ratio¶18
The Court has not expressed any opinion on the merits of the rival claims of the parties.obiter¶19
It will be open for the parties to file their respective claims/counter claims before the learned Arbitrator, to be considered in accordance with law.obiter

Detailed headnote1 paragraphs

Delhi High Court (Hon'ble Mr. Justice Avneesh Jhingan), ARB.P. 407/2026, order dated 13.04.2026: Petition under Section 11 of the Arbitration and Conciliation Act, 1996 by OFB Tech Limited against Elixir Extracts Private Limited & Ors. allowed. Parties had executed a Business Transfer Agreement dated 05.04.2025 for acquisition of respondent no. 1's business for Rs.39,90,00,000/-, along with a Consultancy Service Agreement dated 20.06.2025; disputes arose on account of misrepresentation; the dispute notice dated 18.12.2025 under clause 14.2.1 of the BTA was denied by Respondent No.1; arbitration was invoked under clause 14.2.2 on 29.12.2025 but no arbitrator was appointed; the respondents' communication dated 20.02.2026 proposing names of arbitrators was not accepted and a reply dated 06.03.2026 followed. Learned counsel for the respondents raised no objection to reference. The Court appointed Justice Mr. Ajay Tiwari (Retd.) as sole arbitrator; proceedings to be held under the aegis of DIAC with fee as per schedule; arbitrator to comply with Section 12 of the Act before entering upon reference; the Court expressed no opinion on the merits, leaving the parties free to file claims/counterclaims before the arbitrator.

¶1

$~15

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 407/2026

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OFB TECH LIMITED .....Petitioner

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Through: Mr. Sanyam Khetarpal, Adv.

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versus

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ELIXIR EXTRACTS PRIVATE LIMITED & ORS. .....Respondents Through: Mr. Rony Oommen John & Mr. Piyush Swami, Advs.

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CORAM:

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HON'BLE MR. JUSTICE AVNEESH JHINGAN

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O R D E R

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% 13.04.2026

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The present petition is filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) for appointment of an arbitrator. 2. The brief facts are that the parties to the lis entered into a Business Transfer Agreement (for short ‘BTA’) dated 05.04.2025 for acquisition of the business of respondent no. 1 for a total consideration of Rs.39,90,00,000/-. A Consultancy Service Agreement dated 20.06.2025 was also executed. Disputes arose between the parties on account of misrepresentation. The petitioner issued a dispute notice dated 18.12.2025 in terms of clause 14.2.1 of the BTA which was replied to by Respondent No.1 denying liability. The petitioner invoked arbitration under clause 14.2.2 of the BTA on 29.12.2025 but no arbitrator was appointed. A communication dated 20.02.2026 proposing names of arbitrators was not accepted by the petitioner and a reply dated 06.03.2026 was furnished. Hence, the present petition.

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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 20/04/2026 at 11:10:36

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Learned counsel for the respondents on instructions has no objection for referring the matter to arbitration.

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Accordingly, the petition is allowed by appointing Justice Mr. Ajay Tiwari (Retd.) (Mobile No.9780008141) as the sole arbitrator for adjudication of the disputes which have arisen between the parties.

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Arbitral proceedings will be held under the aegis of Delhi International Arbitration Centre (DIAC). Fee of the Arbitrator shall be fixed as per fee schedule.

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Before entering upon reference, the learned Arbitrator will comply with Section 12 of the Act.

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It is made clear that since this Court has not expressed any opinion on the merits of the rival claims of the parties and it will be open for the parties to file their respective claims/counter claims before the learned Arbitrator which will be considered in accordance with law.

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A copy of this order be forwarded to the learned Arbitrator for information.

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AVNEESH JHINGAN, J

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APRIL 13, 2026 Ch

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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 20/04/2026 at 11:10:36

Ofb Tech Limited v. Elixir Extracts Private Limited & Ors.

Case brief

What is this about?

What did the court decide?

Ofb Tech Limited v. Elixir Extracts Private Limited & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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