M/S Dhawan Box Sheet Containers Pvt. Ltd . v. M/S Shamsons Polymers Pvt. Ltd

$~9 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 728/2025 M/S DHAWAN BOX SHEET CONTAINERS PVT. LTD .

.....Petitioner Through:

Mr. Aayush Malhotra and Mr.

Shobhit Garg (Advocates) versus M/S SHAMSONS POLYMERS PVT. LTD .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 18.09.2025 1.

This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator to adjudicate the disputes between the parties.

2.

The brief facts of the case are that the petitioner is engaged in the business of manufacturing and supplying corrugated boxes, corrugated cartons, corrugated rolls and corrugated sheets, packing boxes and printed corrugated boxes and was approached by the respondent to purchase the said material. Pursuant to the same, the respondent placed various orders with the petitioner and the petitioner raised invoices. 3.

The invoices contained arbitration clause being Clause 4 which reads as under:

" 4. All Disputes Subject to Delhi Jurisdiction arbitration only."

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Since the respondent failed to make payments as per the invoices, the petitioner invoked arbitration vide legal notice dated 25.09.2024 and thereafter filed the present petition.

5.

As per the master data maintained by the Ministry of Corporate Affairs, the e-mail ID of the respondent is info@shamsons.in. 6.

The office noting shows that the respondent has been served at the said e-mail ID.

7.

Despite service there is nobody appearing on behalf of the respondent 8.

I am satisfied that there is a valid arbitration agreement between the parties and there are disputes which need to be settled through arbitration mechanism.

9.

For the said reasons, the petition is allowed and disposed of with the following directions:

i) Mr. Kshtij Mathur, Advocate (Mob. No. 9876546372) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties. ii) The arbitration will be held under the aegis and rules of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the 'DIAC'). iii) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators' Fees) Rules, 2018. iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference. v) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims/counter-claims and merits of the dispute of either of the parties, are left open for adjudication The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

by the learned arbitrator.

vi) The petitioner shall approach the learned Arbitrator within two weeks from today.

10.

The master data of the Ministry of Corporate Affairs handed over in Court today is taken on record.

JASMEET SINGH, J SEPTEMBER 18, 2025/DM The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.