Midastech Orbit Pvt. Ltd. v. Adm Commercial Pvt. Ltd & ORS.

$~10 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 902/2025 MIDASTECH ORBIT PVT. LTD.

.....Petitioner Through:

Mr. Shreshth Jain, Ms. Neha Buttan, Advs.

versus ADM COMMERCIAL PVT. LTD & ORS.

.....Respondents Through:

None

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 17.09.2025 1.

This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator. 2.

The brief facts of the case are that the petitioner is engaged in the business of publishing books and respondents are engaged in the education sector. Consequently, the respondents approached the petitioner for supplying of books and an Agreement for supply of educational books was executed on 03.03.2022.

3.

The said Agreement contains an arbitration clause being Clause No. 11.2 which reads as under:

"11.2 Any dispute arising out of this agreement shall be referred to the Sole Arbitrator appointed by the High Court of Delhi as per the Indian Arbitration & Conciliation Act, 1996, as amended from time to time. The venue of the arbitration shall be Delhi and Language shall be English. The decision of the Arbitrator shall be final and binding on both the parties. The The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

expenses of arbitration shall be borne by the defaulting party or in case of a settlement by both the parties equally." 4.

Since, there were disputes between the parties, the petitioner invoked arbitration vide legal notice dated 04.11.2024 and thereafter, filed the present petition.

5.

As per the master data of the respondent No. 1 maintained with the Ministry of Corporate Affairs, the e-mail of the respondent No. 1 is ADMCPLTD@GMAIL.COM.

6.

The respondent No. 1 has been served at the said e-mail but there is nobody appearing on behalf of the respondents. 7.

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

8.

For the said reasons, the petition is allowed and the disputes between the petitioner and respondent No. 1 are referred to arbitration and the following directions are issued:- i) Ms. Shubha Yadav, Advocate (Mob. No.: 9953280076) 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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

9.

The present petition is disposed of in the aforesaid terms. JASMEET SINGH, J SEPTEMBER 17, 2025/AS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.