M/S Schindler India Private Limited v. Parnika Commercial And Estates Private Limited

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 840/2025&I.A. 14080/2025 M/S SCHINDLER INDIA PRIVATE LIMITED .....Petitioner Through:

Mr. Saurabh Kripal, Sr. Adv. With Mr.

Joel, Mr. Ujjval Gupta, Mr. Shivank Aggarwal, Mr. Dhruv Chatrath, Advs.

Versus

PARNIKA COMMERCIAL AND ESTATES PRIVATE LIMITED .....Respondent Through:

Mr. Rajshekhar Rao, Sr. Adv. With Mr. Chitvan Singhal, Ms. Muskan Gupta, Mr. Ajay Sabharwal, Mr.

Abeere Malik, Advs.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 29.05.2025 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 arising out of Work Order dated 25.07.2023. 2.

The arbitration clause is Clause No. 21 of the GCC which reads as under:

"21. Arbitration Any disputes arising out of this Contract shall be referred to the mutually agreed sole arbitrator as per Arbitration & Conciliation Act 1996 and his award shall be final and binding on both parties."

3.

Issue notice. Mr. Chitvan, learned counsel for the respondent accepts notice and has no objection to the appointment of an arbitrator. 4.

I am satisfied that there is a valid arbitration agreement and there are The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/06/2025 at 23:51:39

disputes subsisting between the parties, which can be resolved by way of arbitral mechanism.

5.

For the said reasons, the petition is allowed and the following directions are issued:- i) Mr. Anurag Ahluwalia (Sr. Advocate) (Mob. No.9811418995) 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 by the learned arbitrator.

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

6.

The present petition is disposed of in the aforesaid terms. JASMEET SINGH, J MAY 29, 2025/sp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/06/2025 at 23:51:39