Sakarni Plaster India (P) Ltd vs Classic Gypsum Industries Pvt Ltd

The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996^{11.“Act” hereinafter} seeking appointment of an Arbitrator for the resolution of disputes arising out of Agreement dated 28.03.2025 executed between the parties herein.

The Petitioner is aggrieved by the alleged default in payment and non-compliance of contractual obligations by the Respondent.

It is borne from the affidavit of service filed by the Petitioner that service is sufficient. The tracking report of the speed post to this effect is as follows:

It is well settled that while exercising jurisdiction under Section 11 of the Act, the scope of enquiry is confined to examining the prima facie existence of an arbitration agreement.

In the present case, arbitration agreement is contained in Clause 11 of the Agreement dated 28.03.2025 which reads as under:

Therefore, this Court is of the view that prima facie a valid arbitration agreement exists between the parties.

In the aforesaid circumstances, this Court finds no impediment in appointing a Sole Arbitrator.

Accordingly, Hon’ble Mr. Justice Rajesh Bindal, Former Judge, Supreme Court of India (Mob. No. 7347025001) is appointed as a learned Sole Arbitrator to adjudicate the disputes arisen between the parties. The learned Sole Arbitrator shall enter upon the reference within three weeks from today.

The learned Sole Arbitrator will proceed to the arbitration proceedings subject to furnishing requisite disclosures as required under Section 12(2) of the Act within three weeks of entering reference.

The arbitration shall be carried under the rules and aegis of Delhi International Arbitration Centre (“DIAC”). The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.

It shall be open to the parties to raise all pleas, including but not limited to objections as to arbitrability and jurisdiction, before the learned Sole Arbitrator who shall decide the same in accordance with law.

It is clarified that the observations made herein are only for the purpose of deciding the present petition under Section 11(6) of the Act. The learned Sole Arbitrator shall adjudicate the disputes independently and on their own merits, uninfluenced by any observations contained in the present order.

The Registry is directed to send a receipt of this order to Mr. Rajesh Bindal, learned Arbitrator through all permissible modes including email.

Accordingly, the present petition is disposed of in the above terms.