M/S Ajs Enterprises v. English Browne India Limited

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 869/2025 M/S AJS ENTERPRISES .....Petitioner Through:

Mr. Prayuj Sharma and Mr. Sivagnam Kartikeyan, Advocates.

versus ENGLISH BROWNE INDIA LIMITED .....Respondent Through:

Mr. Arjun Kochhar, Advocate.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 08.08.2025 1.

The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter 'the Act'), seeking appointment of an Arbitrator for adjudication of disputes between the parties.

2.

It is stated that the parties entered into an agreement dated 23rd August, 2023 wherein the petitioner a Sole Proprietor firm, was appointed as a clearing and forwarding agent for the respondent. 3.

It is stated that due to the disputes between the parties, the petitioner issued notice dated 26th October, 2024 invoking arbitration in terms of Clause 14 of the Agreement dated 23rd August, 2023. 4.

Counsel appears on behalf of the respondent and does not dispute the existence of an Arbitration Clause.

5.

Accordingly, the present petition is allowed and the dispute between the parties under the Agreement are referred to the Arbitral Tribunal ARB.P. 869/2025 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 19/08/2025 at 12:13:57

comprising of a Sole Arbitrator. The following directions are issued in this regard:

a.

Ms. Anushka Arora (Mobile No.: 9810570295) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties. b.

The Arbitrator is 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.

c.

The remuneration of the Arbitrator shall be in terms of Schedule IV of the Act.

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 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.

7.

The petition stands disposed of in the aforesaid terms. 8.

All pending applications stand disposed of.

9.

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 AUGUST 8, 2025 Rzu ARB.P. 869/2025 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 19/08/2025 at 12:13:57