Himanshu Shekhar v. Prabhat Shekhar
$~79-81 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB. A. 1/2022 & I.A. 627/2022, I.A. 12563/2023 HIMANSHU SHEKHAR .....Appellant Through:
versus PRABHAT SHEKHAR .....Respondent Through:
Mr. Sandeep Sethi Sr. Adv. with Mr.
Ravi Prakash, Ms. Bhumika Bhardwaj, Advs. for R2 + ARB. A. (COMM.) 79/2021 & I.A. 17280/2021, I.A. 12063/2023 I.A. 25005/2023, I.A. 25028/2023, I.A. 2994/2024, I.A. 518/2025 I.A. 6647/2025, I.A. 10662/2025, I.A. 6646/2025 MANOHAR LAL SARRAF AND SONS JEWELLERS PRIVATE LIMITED & ANR.
.....Appellants Through:
Mr. Rajat Navet, Adv, Mr. Sarthak Sharma, Adv versus HIMANSHU SHEKHAR & ORS.
.....Respondents Through:
Mr. Sandeep Sethi Sr. Adv. with Mr.
Ravi Prakash, Ms. Bhumika Bhardwaj, Advs. for R2 + ARB.P. 739/2023 MANOHAR LAL SARRAF AND SONS JEWELLERS PRIVATE LIMITED .....Petitioner Through:
Mr. Rajat Navet, Adv, Mr. Sarthak Sharma, Adv versus PRABHAT SHEKHAR .....Respondent Through:
Mr. Sandeep Sethi Sr. Adv. with Mr.
Ravi Prakash, Ms. Bhumika Bhardwaj, Advs. for R2
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
O R D E R
% 29.10.2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
ARB. A. (COMM.) 79/2021 & ARB. A. 1/2022 1.
These are appeals filed under Section 37 of the Arbitration and Conciliation Act, 1996 seeking to set aside the interim Orders dated 08.10.2021 and 14.10.2021 passed by the learned Sole Arbitrator in arbitral proceedings titled as "Himanshu Shekhar vs. Prabhat Shekhar". 2.
The brief facts are that M/s Manohar Lal Saraf and Sons Jewellers Private Ltd. is Appellant No. 1 in ARB.A. (COMM.) 79/2021 and Appellant No. 2 i.e., Sh. Sudhir Singhal, Respondent No.1 i.e., Sh. Himanshu Shekhar and Respondent No. 2 i.e., Sh. Prabhat Shekhar in ARB.A. (COMM.) 79/2021 are directors of M/s Manohar Lal Saraf and Sons Jewellers Private Ltd. The Respondent No. 3 in ARB.A. (COMM.) 79/2021 i.e., Sh. S.C. Batra is the learned Sole Arbitrator.
3.
Sh. Himanshu Shekhar and Sh. Prabhat Shekhar entered into an Arbitration Agreement dated 04.10.2021 and appointed Sh. S.C. Batra as the Sole Arbitrator. The impugned Orders have been passed in the arbitral proceedings before Sh. S.C. Batra, learned Sole Arbitrator. 4.
The averment in the Appeals, amongst other, is that the impugned Orders affect Appellants No. 1 and 2 in ARB.A. (COMM.) 79/2021, who were neither before the Arbitral Tribunal or nor parties to the Arbitration Agreement.
5.
Mr. Sethi, learned senior counsel on behalf of Prabhat Shekhar i.e., the respondent in ARB.P. 1/2022 and respondent No. 2 on ARB.A. (COMM.) 79/2021, on instructions, states that the impugned Orders dated 08.10.2021 and 14.10.2021 may be set aside with liberty to the respondent to file applications in accordance with law to implead such affected parties and seek relief against them.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
6.
Consequently, since the Appellants were not heard before passing the impugned Orders dated 08.10.2021 and 14.10.2021, the same are set aside. 7.
As and when the applications are filed by the respondent, subject to the Appellants opposing the same in accordance with law, the learned Arbitral Tribunal shall decide the same in accordance with law. 8.
Since the impugned Orders are being set aside with consent of the parties, nothing contained in the Order passed today shall influence the Arbitral Tribunal in any way in deciding the application as and when filed by the respondent in accordance with law.
9.
All interim orders stand vacated.
10.
Since, the proceedings of the Arbitral Tribunal were stayed by the order of the Court, the mandate of the Arbitral Tribunal is extended by further period of one year to make and publish the final Award. 11.
Accordingly, the appeals are disposed of with pending applications. ARB.P. 739/2023 12.
Re-notify on 20.01.2026.
JASMEET SINGH, J OCTOBER 29, 2025/AS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.