M/S Trimbekshwar Agro Industries Pvt Ltd v. National Fertilizer Limited Through Its Chairman And Managing Director

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + M/S TRIMBEKSHWAR AGRO INDUSTRIES PVT LTD .....Petitioner Through:

Mr. Purushartha Singh, Advocate.

versus NATIONAL FERTILIZER LIMITED THROUGH ITS CHAIRMAN AND MANAGING DIRECTOR .....Respondent Through:

Mr. Deepak Khurana, Mr. Bhaskar and Mr. Shaurya Nirwal, Advocates.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 11.09.2025 1.

Mr. Deepak Khurana, counsel appearing on behalf of the respondent submits that the respondent has no objection to the parties being referred for arbitration.

2.

However, it is submitted that the reference of arbitration has to be in terms of arbitration clause, contained in the Agreement dated 9th June, 2023 between the petitioner and the respondent.

3.

Copy of the same has been handed-over in Court. 3.1.

The same is directed to be taken on record.

4.

Clause 12 of the said Agreement contains the Arbitration clause, which is set out below:

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5.

Accordingly, the dispute between the parties under the said Agreement is referred to the Arbitral Tribunal comprising of a Sole Arbitrator. The following directions are issued in this regard: a. Ms. Arzoo Khattar (Mobile No.: +91-99998-32429) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties. b. The Arbitrator shall be entitled to fees as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996 (hereinafter "the Act"). c. The Arbitrator is also requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference. In the event there is any impediment to the Arbitrator's appointment on that count, the parties are given liberty to file an appropriate application before this Court.

d. The parties shall approach the Arbitrator within two (2) weeks from today.

6.

It is made clear that all the rights and contentions of the parties, including preliminary objections with regard to arbitrability of any of the claims as well as claims/ counter-claims of either of the parties on the merits of the dispute including the defence of the respondent that no amount is due The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and payable to the petitioner, are left open for adjudication by the Arbitrator. 7.

The present petition stands disposed of in the above terms. 8.

Needless to state, nothing in this order shall be construed as an expression of this Court on the merits of the case. AMIT BANSAL, J SEPTEMBER 11, 2025/at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.