Youthdosa Food Services Llp v. Kisetsu Saison Finance India Private Limited
$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 529/2025 & I.A. 7669/2025 YOUTHDOSA FOOD SERVICES LLP .....Petitioner Through:
Mr. Joel, Mr. Sheeshpal Singh, Advocates versus KISETSU SAISON FINANCE INDIA PRIVATE LIMITED .....Respondent Through:
Mr. Himanshu Mehra, Advocate (M:9711524131)
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R
% 23.03.2026 1.
The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act") seeking appointment of Sole Arbitrator for adjudicating disputes between the parties arising out of the th Loan Agreement bearing no. 1545307 dated 24 November, 2022.
th 2.
The petitioner entered into a Loan Agreement dated 24 November, 2022, and in terms of the said Loan Agreement, an arbitrator was to be appointed by the petitioner from the list containing names and details of the proposed arbitrator, as provided by the respondent through a notice. 3.
As per the learned counsel for the petitioner, no notice was ever sent by the petitioner and a sole arbitrator was appointed unilaterally by the respondent.
4.
It is submitted that it is only when the petitioner received a notice from the learned Arbitrator as appointed by the respondent unilaterally, that The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the petitioner came to know about the initiation of arbitration proceedings. 5.
Thus, it is submitted that the petitioner immediately approached this Court by way of the present petition.
6.
Attention of this Court has been drawn to the arbitration clause, which reads as under:
"xxx xxx xxx xxx xxx xxx"
7.
Perusal of the aforesaid shows that as per the contract, arbitration shall be conducted with the seat at Bangalore/Bengaluru. 8.
Learned counsel for the petitioner sought to justify filing of the petition before this Court by referring to Clause 20(e) of the Loan Agreement between the parties.
9.
However, after some arguments, learned counsel for the petitioner seeks to withdraw the present petition, with liberty to approach the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Karnataka High Court.
10.
Liberty is so granted.
11.
Rights and contentions of both the parties are left open, to be raised before the competent Court of jurisdiction.
12.
Accordingly, the present petition along with the pending application is dismissed as withdrawn, with liberty as aforesaid. MINI PUSHKARNA, J MARCH 23, 2026/au The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.