M/S Super Transolution v. M/S Yes Bank Ltd.

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 523/2025 M/S SUPER TRANSOLUTION .....Petitioner Through:

Mr. Aayushman Jauhari, Ms. Apama Jauhari, Advocates versus M/S YES BANK LTD.

.....Respondent Through:

Ms. Radha Singh, Advocate (through VC)

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 25.04.2025 1.

The present petition has been filed by the Petitioner seeking appointment of an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 ('Act of 1996') in terms of the arbitration clause [Clause 5] contained in the Master Facility Agreement entered between the parties on 28.09.2021.

2.

Learned counsel for the Respondent has entered appearance. 2.1 She states that she has filed her vakalatnama and it is already on record.

2.2 She states that she does not dispute the existence of the arbitration agreement. She accedes to the appointment of a Sole Arbitrator to adjudicate the disputes between the parties.

3.

This Court has been apprised that the claim of the Petitioner is meager sum of Rs. 1,05,000/-.

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4.

Considering the minimum legal costs involved in an arbitral proceedings, it has been put to notice to the parties to consider mediation considering the nominal value of the claim.

5.

Both parties are willing to consider mediation and stated that petition may be disposed of with a reference to Delhi International Arbitration Centre ('DIAC'), albeit with the appointment of Arbitrator being deferred by 8 weeks.

6.

Accordingly, with the consent of the parties, the matter is referred to the Delhi High Court Mediation and Conciliation Centre ['SAMADHAN']. List before SAMADHAN on 05.05.2025 at 03:00 P.M. 7.

In the facts of this case, it is admitted by the parties that there exists a valid arbitration agreement and thus, the parties are referred to arbitration under the aegis of DIAC. However, keeping in view the reference to mediation, the DIAC is directed to appoint a Sole Arbitrator in the 1st week of July, 2025 8.

The parties and learned Mediator are directed to conclude the mediation proceedings before 30.06.2025. The report of the mediator will be sent to the coordinator of DIAC on or before 30.06.2025. 9.

It is directed that in case parties have not settled the matter in mediation by 30.06.2025, the DIAC will proceed to appoint a Sole Arbitrator and constitute the arbitral tribunal by 1st week of July, 2025. And, parties will appear before the DIAC on 07.07.2025 at 10:30 AM for a preliminary hearing.

10.

Needless to state that all pleas of parties qua claims and counterclaims are left open and shall be considered in arbitration proceedings. 11.

With the aforesaid directions, the petition stands disposed of. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

12.

Copy of the order be sent to the Organizing Secretary of the Delhi High Court Mediation & Conciliation Centre and DIAC for information and compliance.

13.

With the aforesaid directions, the petition stands disposed of. MANMEET PRITAM SINGH ARORA, J APRIL 25, 2025/mt/AM Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.