Dr. Ashish Gopal v. J.M.D. Hospitality & ORS.

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 987/2025 DR. ASHISH GOPAL .....Petitioner Through:

Ms.

Ritika Choubey and Ms.

Swastika Singh, Advocates versus J.M.D. HOSPITALITY & ORS.

.....Respondents Through:

Mr.

Mankan Deep Singh, Ms.

Gurmehar Kaur and Mr. Akshay Yadav, Advocates for R-1, 2 and 3

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 19.11.2025 1.

The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 by the Petitioner seeking appointment of an Arbitrator to adjudicate upon the disputes which have arisen between the parties under a Lease Agreement dated 16.01.2017 (hereinafter referred to as "Agreement") which pertains to Property No.WZ-78, Beriwala Bag, Hari Nagar, Delhi-110064. 2.

Notice was issued in the petition on 17.07.2025. 3.

Clause 8 of the Agreement dated 16.01.2017 contains an arbitration clause. The property is in Delhi and the parties are also in Delhi and therefore, this Court has the jurisdiction to entertain the present petition. A notice dated 30.11.2024 under Section 21 of the Arbitration and Conciliation Act, 1996 was sent by the Petitioner to the Respondent Nos.1 to 3 invoking Arbitration and claiming a sum of Rs.4,74,00,000/- which according to the Petitioner is due and payable by the Respondents. Since no reply was received from the Respondents, the Petitioner approached this Court by ARB.P. 987/2025 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 26/11/2025 at 11:31:02

filing the present petition seeking for appointment of an Arbitrator. 4.

In view of the fact that disputes have arisen between the parties and the Agreement contains an arbitration clause, this Court is inclined to appoint an Arbitrator to adjudicate upon the disputes between the parties. 5.

Accordingly, Mr. Vishnu Mehra, Senior Advocate (Mob. No: 9811059674) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties.

6.

The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and would abide by its rules and regulations. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.

7.

The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the 1996 Act within two weeks of entering on reference.

8.

All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law.

9.

Needless to say, nothing in this order shall be construed as an expression of this Court on the merits of the contentions of the parties. 10.

The petition stands disposed of in the above terms, along with pending application(s), if any.

SUBRAMONIUM PRASAD, J NOVEMBER 19, 2025 S. Zakir ARB.P. 987/2025 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 26/11/2025 at 11:31:02