Sony India Private Limited v. Tirupati Enterpises

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 9/2024 SONY INDIA PRIVATE LIMITED .....Petitioner Through:

Mr. Nikhil A, Adv.

versus TIRUPATI ENTERPISES .....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN

O R D E R

% 11.03.2026 1.

This petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short „the Act‟) for appointment of the arbitrator in consonance with the Clause 13 of the Service Agreement dated 12.03.2014.

2.

The petitioner engaged the respondent for providing services and the agreement dated 12.03.2014 was entered between the parties. The agreement was renewed on 01.04.2016. There was dispute between the parties and the petitioner issued notice dated 11.09.2017 for termination of service agreement. Notice under Section 21 of the Act was issued on 02.06.2023. The sole arbitrator entered into reference on 09.07.2018. The award delivered on 18.07.2019 was set aside on 18.05.2023 under Section 34 of the Act, on the ground that the arbitrator was appointed in violation of the amended Section 12(5) of the Act.

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 16/03/2026 at 17:00:06

2.1 The petitioner served notice dated 02.06.2023 under Section 21 of the Act for initiation of the arbitral proceedings. Notice was not responded to by the respondent and hence, the present petition. 2.2 The respondent was served through publication and was proceeded ex-parte vide order dated 25.02.2026. The existence of arbitration clause for resolution of dispute between the parties is not in dispute and an arbitrator was appointed earlier acting upon the clause.

3. The petition is allowed by appointing Ms. Anu Solanki, Advocate (Mobile No.: 9158908720), as the sole arbitrator for adjudication of the disputes which have arisen between the parties. 4.

The fees of the learned Arbitrator will be governed by Schedule IV of the Act. Before entering upon reference, the learned Arbitrator will comply with Section 12 of the Act.

5.

It is made clear that since this Court has not expressed any opinion on the merits of the rival claims of the parties, it will be open for the parties to file their respective claims/counter claims before the learned Arbitrator which will be considered in accordance with law. 6.

A copy of this order be forwarded to the learned Arbitrator for information.

AVNEESH JHINGAN, J MARCH 11, 2026/Pa 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 16/03/2026 at 17:00:06