M/S Shivani Shreya Logistic Private Limited v. M/S Dabur India Limited
$~47 & 61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1366/2025 & I.A. 21520/2025 M/S SHIVANI SHREYA LOGISTIC PRIVATE LIMITED .....Petitioner Through:
Ms. Aprajita Bhardwaj, Mr.
Shourajeet Chakravarty, Advs.
versus M/S DABUR INDIA LIMITED .....Respondent Through:
Mr. Hemant Gupta, Ms. Ritu Gupta, Ms. Kavya Singh, Advs.
+ ARB.P. 1348/2025 & I.A. 21383/2025 DABUR INDIA LTD .....Petitioner Through:
Mr. Hemant Gupta, Ms. Ritu Gupta, Ms. Kavya Singh, Advs.
versus M/S SHIVANI SHREYA LOGISTICS PVT. LTD.
....Respondent Through:
Ms. Aprajita Bhardwaj, Mr.
Shourajeet Chakravarty, Advs.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
O R D E R
% 01.09.2025 1.
These are petitions filed under section 11(6) of the Arbitration and Conciliation Act, 1996 ("1996 Act") seeking appointment of an Arbitrator to adjudicate the disputes between the parties arising out of two C&F A Agreements dated 07.02.2022 and 21.08.2024 read with The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
their respective Transporter Agreements dated 07.02.2022 and 07.10.2024.
2.
The facts are that the respondent appointed the petitioner as its Clearing & Forwarding Agent for clearing, storing and forwarding its goods for the State of Jharkhand via C&F A Agreement dated 07.02.2022 and Transporter Agreement dated 07.02.2022 and for the State of Bihar via C&F A Agreement dated 21.08.2024 and Transporter Agreement dated 07.10.2024.
3.
The said C&F A Agreements contain arbitration clauses being Clause No. 10 and Clause No. 9, respectively. Further, the said Transporter Agreements also contain arbitration clauses being Clause No. 19 and Clause No. 26, respectively.
4.
Since disputes arose between the parties, both the petitioner and the respondent, invoked arbitration vide legal notices dated 21.08.2025 and 14.04.202 respectively and thereafter, both parties filed their respective petitions under Section 11 of the 1996 Act.
5.
Learned counsels for the parties' state that parties be given an opportunity to try and resolve the matter amicably, and if the same fails then the matter shall be referred to arbitration. 6.
For the said reasons, the petition is allowed, with the following directions:- i) Mr. Justice Najmi Waziri, (Former Judge, Delhi High Court) (Mob. No. 9810097311) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.
ii) The arbitration will be held under the aegis and rules of the Delhi International Arbitration Centre, Delhi High Court, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Sher Shah Road, New Delhi (hereinafter, referred to as the 'DIAC').
iii) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators' Fees) Rules, 2018.
iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the 1996 Act prior to entering into the reference.
v) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims/counter-claims and merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator.
7.
The Arbitrator shall enter reference after 8 weeks from 16.09.2025 to enable the parties to try and settle the matter. 8.
Additionally, with consent of parties, they are referred to the Delhi High Court Mediation and Conciliation Centre to explore the possibility of a settlement.
9.
List before the Delhi High Court Mediation and Conciliation Centre on 16.09.2025 at 4:30 p.m.
10.
In case the matter is settled, the Arbitrator shall not enter reference. 11.
The present petition is disposed of in the aforesaid terms. JASMEET SINGH, J SEPTEMBER 1, 2025/sp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.