Vishnu Sharma v. Delhi Metro Rail Corporation

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ VISHNU SHARMA .....Petitioner Through:

Mr. Ritik Bhardwarj, Advocate.

Along with the petitioner in person.

versus DELHI METRO RAIL CORPORATION .....Respondent Through:

Mr. Ankur Chhibber, Advocate

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 03.09.2025 1.

This petition is being filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter 'Act'), seeking appointment of an Arbitrator.

2.

It is the case of the petitioner, who is an Advocate practicing in Delhi, that he entered into a License Agreement dated 21st March, 2011 (hereinafter 'Agreement') with the respondent, which contains the arbitration clause. He submits that since disputes have arisen between the parties, the same have to be referred for arbitration. 3.

Petitioner appearing in person does not press for prayers (b) and (c) in the petition and confines his relief to prayer (a), while reserving his rights to take appropriate legal proceedings in respect of prayers (b) and (c). 4.

Notice was issued in the present petition on 20th August, 2025. 5.

The respondent has filed a short affidavit raising an objection that the petitioner has failed to invoke the conciliation mechanism envisaged in the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

arbitration clause, i.e. Clause 29 of the Agreement. For the sake of convenience, the said clause is set out below:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

I have heard the counsel for the parties. It is undisputed position that the parties have initiated various legal proceedings against each other. The respondent initiated proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 which resulted in an eviction order against the petitioner. The same has been challenged by the petitioner in appeal before the learned ADJ.

7.

Parties were also referred for mediation by the Division bench on 21st July, 2025. However, the mediation proceedings have not borne fruit. 8.

In view thereof, in my considered view, to require the parties to go for the conciliation process would be an exercise in futility. 9.

Accordingly, in terms of the Agreement, the disputes between the parties are referred to the Arbitral Tribunal comprising of a Sole Arbitrator. The following directions are issued in this regard: a.

Ms. Santosh Snehi Mann, (Retd. ADJ) (Mobile No.: +919910384743) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

b.

The arbitral proceedings shall be held under the aegis of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter 'DIAC').

c.

The remuneration of the Arbitrator shall be in terms of Schedule IV of the Act.

d.

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.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

e.

The parties shall approach the Arbitrator within two (2) weeks from today.

10.

It is made clear that all the rights and contentions of the parties, including preliminary objections with regard to limitation and/ or arbitrability of any of the claims as well as claims/ counter-claims of either of the parties on the merits of the dispute including the defence of the respondent that no amount is due and payable to the petitioner, are left open for adjudication by the Arbitrator.

11.

The petition stands disposed of in the aforesaid terms. 12.

Needless to state, nothing in this order shall be construed as an expression of this Court on the merits of the case. AMIT BANSAL, J SEPTEMBER 3, 2025 ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.