Cyfuture Inida Pvt Ltd v. Union Of India

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1117/2025 CYFUTURE INDIA PVT LTD .....Petitioner Through:

Mr. Pankaj Bhagat and Ms. Manmeet Singh, Advocates.

versus UNION OF INDIA .....Respondent Through:

Mr. Mukul Singh, CGSC with Mr.

Aryan Dhaka, Advocate for UOI.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 28.08.2025 1.

This petition is filed on behalf of the Petitioner under Section 11(5) read with Section 11(6) of the Arbitration and Conciliation Act, 1996 ('1996 Act') for appointment of a Sole Arbitrator to adjudicate the disputes between the parties.

2.

Disputes between the parties emanate from a Contract dated 09.08.2023 between the Petitioner and Ministry of Agriculture and Farmer Welfare, Government of India. Petitioner avers that despite continued performance under the contract, many of its dues are outstanding till date. The Request for Proposal contains an arbitration clause envisaging reference of disputes arising out of or in relation to the agreement to a sole Arbitrator to be appointed by the Respondent herein. Learned counsel for the Petitioner submits that in light of the judgments of the Supreme Court in Perkins Eastman Architects DPC and Another v. HSCC (India) Limited, (2020) 20 ARB.P. 1117/2025 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 03/09/2025 at 11:52:53

SCC 760 and Central Organisation for Railway Electrification v. ECI SPIC SMO MCML (JV) A Joint Venture Company, (2025) 4 SCC 641, appointment made by the Secretary, Department of Agriculture will be a unilateral appointment and this Court may appoint a sole Arbitrator. 3.

Learned counsel for the Respondent, on instructions, does not dispute the existence of the arbitration agreement between the parties and submits that this Court may appoint the sole Arbitrator, while refuting the claims of the Petitioner on merits.

4.

Accordingly, with the consent of the parties, Mr. Justice Talwant Singh, former Judge of this Court, (Mobile No. 9910384653) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties. Arbitral proceedings will be held under the aegis of Delhi International Arbitration Centre ('DIAC'). Fee of the Arbitrator shall be fixed as per fee schedule under DIAC (Administrative Cost & Arbitrators' Fees) Rules 2018. 5.

Learned Arbitrator shall give disclosure under Section 12 of the 1996 Act before entering upon reference.

6.

It is made clear that this Court has not expressed any opinion on the merits of the case and all rights and contentions of the respective parties are left open.

7.

Petition is disposed of in the aforesaid terms. JYOTI SINGH, J AUGUST 28, 2025/YA/RW/Shivam ARB.P. 1117/2025 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 03/09/2025 at 11:52:53