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High Court of DelhiARB.P./1153/2025

Medhavi Aspire Private Limited v. Shree Enterprise Through Its Sole Proprietor Mrs. Shringarika S Agrawal

2025-11-07Hon'Ble Mr. Justice Amit Bansal3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MEDHAVI ASPIRE PRIVATE LIMITED .....Petitioner Through:

Mr. Abhayjeet Singh Rao, Adv (through VC) versus SHREE ENTERPRISE THROUGH ITS SOLE PROPRIETOR MRS. SHRINGARIKA S AGRAWAL .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 07.11.2025 1.

The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, (hereinafter the 'Act') seeking appointment of a Sole Arbitrator for the adjudication of the disputes between the parties arising out of a Service Level Agreement dated 12th January 2024.

2.

Counsel for the petitioner states that the Service Level Agreement contains an arbitration clause, i.e. Clause 8, which provides for adjudication of any disputes arising between the parties by arbitration. 3.

He further states that since there were disputes between the parties, the petitioner issued a demand notice dated 30th October, 2024 and an Arbitration Notice invoking the arbitration clause, dated 21st May, 2025. However, the respondent failed to respond to the said notices, including the Arbitration Notice. Hence, the petitioner has been constrained to approach The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

this Court by way of the present petition.

4.

Notice was issued on 5th August, 2025. Counsel entered appearance on behalf of the respondent on 24th September, 2025 and sought time to file the reply.

5.

Today when the matter is called up none appears on behalf of respondent nor has any reply been filed.

6.

Accordingly, the dispute between the parties under the Service Level Agreement is referred to the Arbitral Tribunal comprising a Sole Arbitrator. 7.

Ms. Asmita Singh, Advocate (Mobile No.: 9643520339) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties. 8.

The following directions are issued in this regard: a. 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.

b. The Arbitrator shall be entitled to fees as per Schedule IV of the Act. c. The parties shall approach the Arbitrator within two (2) weeks from today.

d. It is made clear that all the rights and contentions of the parties, including the arbitrability of any of the claims and/ or counter claims, any other preliminary objections as well as claims on merits of the dispute of either of the parties, are left open for adjudication by the Arbitrator.

9.

The petition stands disposed of in the aforesaid terms. 10.

Needless to state, nothing in this order shall be construed as an The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

expression of this Court on the merits of the case. AMIT BANSAL, J NOVEMBER 7, 2025 sk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.