M/S Ald Automotive Private Limited v. M/S Micromeg Enterprises
$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + M/S ALD AUTOMOTIVE PRIVATE LIMITED .....Petitioner Through:
Mr. Akhilesh Pradhan, Advocate.
versus M/S MICROMEG ENTERPRISES .....Respondent Through:
Mr. Ojas Singh and Ms. Akshita Bhardwaj, Advocates.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
O R D E R
% 07.08.2025 1.
The present petition has been filed by the petitioner seeking appointment of a Sole Arbitrator under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter 'Act') in terms of the arbitration clause (Article 18) contained in the Master Lease Agreement dated 17th February, 2017 entered into between the petitioner, respondent and M/s Maruti Suzuki India Ltd.
2.
Notice in the present petition was issued on 30th May, 2025. None had appeared on behalf of the respondent on 30th May 2025, despite advance service.
3.
Counsel enters an appearance on behalf of the respondent and submits that the respondent does not dispute the existence of the arbitration clause. However, he submits that all amounts due to the petitioner have already been paid.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
In this view of the aforesaid position, it has been put to the counsel for the parties if the matter may be referred for mediation. 5.
Both parties are willing to consider mediation and state that the present petition may be disposed of with a reference to the Delhi International Arbitration Centre ('DIAC') albeit with the appointment of a Sole Arbitrator being deferred by eight weeks.
6.
Accordingly, with the consent of the parties, the matter is referred for mediation to the Delhi High Court Mediation and Conciliation Centre ('Mediation Centre').
7.
Parties shall appear before the Mediation Centre on 18th August, 2025, at 4:00 P.M.
8.
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 of the dispute between the parties to mediation, DIAC is directed to appoint a Sole Arbitrator in the first week of October 2025. 9.
The parties and the Mediator are directed to conclude the mediation proceedings before 30th September 2025.
9.1.
The report of the Mediator shall be sent to DIAC on or before 5th October 2025.
10.
It is directed that in case the parties have not settled the matter in the mediation proceedings by 30th September 2025, DIAC shall proceed to appoint a Sole Arbitrator and constitute the arbitral tribunal within the first week of October 2025, and the parties shall appear before DIAC on 9th October 2025 at 3:00 P.M. for a preliminary hearing. 11.
The remuneration of the Arbitrator shall be in terms of the DIAC The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
(Administrative Cost and Arbitrators' Fees) Rules, 2018. 12.
The Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference. 13.
It is made clear that all the rights and contentions of the parties, including preliminary objections with regard to limitation and/ or 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 and payable to the petitioner, are left open for adjudication by the Arbitrator.
14.
With the aforesaid directions, the petition stands disposed of. 15.
A copy of this order be sent to the Organising Secretary of the Mediation Centre and DIAC for information and compliance. 16.
website of the High Court of Delhi, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of the order passed today shall be insisted upon by any authority/entity or litigant.
AMIT BANSAL, J AUGUST 7, 2025 ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.