Kanwar Enterprises Pvt Ltd v. Doosan Power Systems India Pvt Ltd
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1206/2025 KANWAR ENTERPRISES PVT LTD .....Petitioner Through:
Mr. Rajiv Bakshi, Ms. Kajal Sharma and Mr. Ram Pravesh Rai, Advocates.
versus DOOSAN POWER SYSTEMS INDIA PVT LTD .....Respondent Through:
Mr. Gaurav Dudeja, Mr. Raghvendra Pratap Singh and Mr. Abhijit Debnath, Advocates.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 10.09.2025 1.
This petition is filed on behalf of the Petitioner for appointment of a Sole Arbitrator under Section 11(6) of Arbitration and Conciliation Act, 1996.
2.
Learned counsel for the Respondent opposes the petition inter alia on the ground that the very invocation of arbitration is not in accordance with the Arbitration Clause 25 (g) of General Terms and Conditions (GTC) read with Special Terms and Conditions (STC) inasmuch as by the invocation notice dated 05.06.2025, Petitioner has sought appointment of a Sole Arbitrator, whereas the arbitration clause envisages appointment of a three-member Arbitral Tribunal to adjudicate the disputes between the parties, wherein each party nominates its Arbitrator and the nominated Arbitrators appoint the Presiding Arbitrator. ARB.P. 1206/2025 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 22/09/2025 at 11:49:21
3.
Learned counsel for the Petitioner, on instructions, seeks to withdraw this petition with liberty to invoke arbitration in consonance with Arbitration Clause 25 (g) of GTC read with STC.
4.
This petition is accordingly disposed of as withdrawn, with liberty to the Petitioner as prayed for, in accordance with law. 5.
It is made clear that this Court has not expressed any opinion on the merits of the case.
JYOTI SINGH, J SEPTEMBER 10, 2025 Ch ARB.P. 1206/2025 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 22/09/2025 at 11:49:21