M/S Derpa Industrial Polymers (P) Ltd v. Union Of India Through Dy Cmm G
$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1648/2025 M/S DERPA INDUSTRIAL POLYMERS (P) LTD .....Petitioner Through:
Appearance not given.
versus UNION OF INDIA THROUGH DY CMM G .....Respondent Through:
Mr. Syed Abdul Haseeb, CGSC and Mr. Ranbir Zaki, Adv with Mr.
Vikramjeet Singh, Asst. Material Manager, Northern Railways.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 22.12.2025 1.
The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 [A&C Act] by the Petitioner seeking appointment of an Arbitrator to adjudicate upon the disputes between the parties.
2.
The facts as narrated in the petition indicate that on 08.02.2022, the Union of India/Respondent through GeM portal placed a supply order in favour of the Petitioner for supply of safety shoes for Northern Railway. It is stated that disputes have arisen between the parties under the said transaction. A notice under Section 80 of CPC was issued by the Petitioner to the Respondent on 25.10.2023. The said notice dated 25.10.2023 reads as under:
ARB.P. 1648/2025 Page 1 of 6 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
ARB.P. 1648/2025 Page 2 of 6 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
ARB.P. 1648/2025 Page 3 of 6 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
ARB.P. 1648/2025 Page 4 of 6 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
ARB.P. 1648/2025 Page 5 of 6 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
Since no response was received from the Respondent, the Petitioner has approached this Court under Section 11 of the A&C Act. 4.
In the opinion of this Court, the aforesaid notice dated 25.10.2023 will not amount to a notice issued under Section 21 of the A&C Act invoking arbitration calling upon the Respondent to proceed ahead under the A&C Act. The Apex Court in Adavya Projects (P) Ltd. v. Vishal Structurals (P) Ltd., (2025) 9 SCC 686, has held that issuing a notice under Section 21 of the A&C Act is sine qua non for initiation of proceedings under the A&C Act.
5.
The present petition is being disposed of with a liberty to the Petitioner to first issue a notice under Section 21 of the A&C Act to the Respondent and then approach this Court under Section 11 of the A&C Act seeking appointment of an Arbitrator.
6.
Pending applications, if any, also stand disposed of. SUBRAMONIUM PRASAD, J DECEMBER 22, 2025 S. Zakir ARB.P. 1648/2025 Page 6 of 6 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.