Flora Fountain Properties Limited v. Orient Electric Limited

$~O-54 & 55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1625/2025 FLORA FOUNTAIN PROPERTIES LIMITED .....Petitioner Through:

Mr. Ayush Kuchhal, Mr. Aditya Goel, Ms. Rakshita Goyal, Mr. Ronak, Advs.

versus ORIENT ELECTRIC LIMITED .....Respondent Through:

Mr. Govind Singh Grewal, Mr.

Angad Singh Dugal and Mr.

Shubham Niwas, Advs.

+ ARB.P. 1626/2025 COMFORT INTECH LIMITED .....Petitioner Through:

Mr. Ayush Kuchhal, Mr. Aditya Goel, Ms. Rakshita Goyal, Mr. Ronak, Advs.

versus ORIENT ELECTRIC LIMITED .....Respondent Through:

Mr. Govind Singh Grewal, Mr.

Angad Singh Dugal and Mr.

Shubham Niwas, Advs.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 08.12.2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

I.A. 30638/2025(EXEMPTION) in ARB.P. 1625/2025 I.A. 30678/2025 (EXEMPTION) in ARB.P. 1626/2025 1.

Exemptions allowed, subject to all just exceptions. 2.

Applications stand disposed of.

I.A. 30637/2025 (BY PETITIONER FOR MODIFICATION OF THE JUDGMENT DT. 04.11.2025 TO THE EXTENT THAT THE ARBITRATION MAY BE REFERRED TO THE DIAC; AND FOR CHANGE OF THE ARBITRATOR) and;

I.A. 30677/2025 (BY PETITIONER FOR MODIFICATION OF THE JUDGMENT DT. 04.11.2025 TO THE EXTENT THAT THE ARBITRATION MAY BE REFERRED TO THE DIAC; AND FOR CHANGE OF THE ARBITRATOR) 3.

Heard learned counsel for the parties on these applications. 4.

Admittedly, the approximate claim amount in both the petitions exceeds Rs. 20 crores. However, the aforesaid fact was not brought to the notice of the Court while passing of the judgement dated 04.11.2025. 5.

Thus, looking at the magnitude of the claim amount, the Sole Arbitrator, earlier appointed, is substituted. 6.

Accordingly, Hon'ble Justice Satish Agnihotri (Former Chief Justice of High Court of Sikkim) (Phone no. 9498095770, Email id - officeagnij@gmail.com), is appointed as the Sole Arbitrator in both the petitions.

7.

Furthermore, it is directed that the arbitration would take place under the aegis of the Delhi International Arbitration Centre ('DIAC') and in terms of its rules and regulations. The Sole Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC. 8.

The Sole Arbitrator is also requested to file the requisite disclosure under Section 12 (2) of the Act within a week of entering on reference. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the Sole Arbitrator on their merits, in accordance with law.

10.

Needless to say, nothing in this order shall be construed as an expression of opinion of this Court on the merits of the controversy between the parties. Let a copy of the instant order be sent to the Sole Arbitrator through electronic mode as well.

11.

The applications stand disposed of.

PURUSHAINDRA KUMAR KAURAV, J DECEMBER 8, 2025 aks/mj The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.