Bluspring Enterprises Limited v. Onsite Electro Services Private Limited & ANR.

$~32 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 1840/2025 BLUSPRING ENTERPRISES LIMITED .....Petitioner Through:

Mr. Sukrit R Kapoor, Mr. Navnit Kumar, Ms. Simran Tandon & Mr.

Sarthak Miglani, Advs versus ONSITE ELECTRO SERVICES PRIVATE LIMITED & ANR.

.....Respondents Through:

Mr. Anirudh Krishan Gandhi, Mr.

Sahil Arora, Ms. Megha Khandelwal, Mr. Abhishek Ginodh Kurian, Mr.

Hussain, Advocates

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 06.11.2025 1.

This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator for adjudication of disputes between the parties. 2.

The brief facts are that the parties entered into a Share Purchase and Investment Agreement dated 06.02.2024 through which the respondent No.1 acquired the entire shareholding of the respondent No. 2 from the petitioner.

3.

The said Agreement contains an arbitration clause being Clause No. 15.2 which reads as under:

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

All Disputes, which are unresolved pursuant to Clause 15.1 shall be referred upon the application of either of the Parties to arbitration and finally settled in accordance with the Arbitration and Conciliation Act, 1996, which are deemed to be incorporated by reference to this Clause (Dispute Resolution). The number of arbitrators shall be 3 (three). Each of the claimants in the Dispute shall jointly nominate 1 (one) arbitrator and each of the defendants in the Dispute shall jointly nominate 1 (one) arbitrator, and the arbitrators appointed by each party to the Dispute shall nominate a third presiding arbitrator. The seat and venue of the arbitration shall be New Delhi, India. The arbitration proceedings shall be conducted in English language."

4.

Since there were disputes between the parties, the petitioner invoked arbitration vide legal notice dated 19.08.2025. 5.

For the said reasons, issue notice.

6.

Mr. Gandhi, learned counsel for the respondents, accepts notice on behalf of respondents and has no objection to the appointment of an Arbitrator as long as the rights, contentions, claims and counter-claims of the respondents are left open to be adjudicated by the Arbitrator. 7.

For the said reasons, the petition is allowed and disposed of with the following directions:

i) Ms. Justice Mukta Gupta, Former Judge, High Court of Delhi (Mob. No. 9650788600) 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

International Arbitration Centre, Delhi High Court, 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 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.

vi) The parties shall approach the learned Arbitrator within two weeks from today.

JASMEET SINGH, J NOVEMBER 6, 2025/DM The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.