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Judgment
The present petition has been filed under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 19961 seeking appointment of Arbitrator.
On the last date of hearing, notice was issued to the Respondents and the Respondents were asked to file reply to the present petition. However, the same has not been filed. On a perusal of the affidavit of service, it appears that the notice has been duly served on the Respondents.
Despite the opportunity so granted, none appears on behalf of the Respondents. Respondents have also failed to file any reply to the present petition.
In view thereof and considering that the Respondents have chosen not to participate in the present proceedings, despite sufficient service, this Court finds no impediment in proceeding to consider the appointment of a Sole Arbitrator.
The tracking details placed on record establishes that the Respondents have been duly served at one of the addresses. The proof of service as reflected from the tracking details is annexed to the petition:
| Event | Date | Time | Office | Remarks |
| Item Dispatched | 07/09/2026 | 11:01:57 | Morbi MDG SO | - |
| Bag Received | 07/09/2026 | 11:58:48 | Virpar M BO | - |
| Item received at Destination | 07/09/2026 | 12:05:07 | Virpar M BO | - |
| Taken out for delivery | 07/09/2026 | 13:03:01 | Virpar M BO | - |
| Item Delivered(Addressee) | 07/09/2026 | 13:19:16 | Virpar M BO | Article Delivered to VY BAVRAVA |
Department of Posts Government of India Ministry of Communications 9 Generated through Indiapost website on: 14/6/2026, 12:01:32 pm Consignment/MO Tracking Report Consignment/MO Number: 5U002535900IN Article Number: 5U002535900IN Article Type: SP_INLAND_PARCEL Tariff: ¥ 181 Booked At: Delhi High Court Extension Counter SO Booked On: 03/09/2026, 10:04:53 Destination: Morbi MDG SO Origin Pincode: 110003 Delivered On: 07/09/2026, 13:18:39 Destination Pincode: 363641
| Event | Date | Time | Office | Remarks |
| Item Booked | 03/09/2026 | 10:04:53 | Delhi High Court Extension Counter SO | - |
| Item bagged | 03/09/2026 | 15:44:32 | Delhi High Court Extension Counter SO | - |
| Item Dispatched | 03/09/2026 | 16:00:12 | Delhi High Court Extension Counter SO | - |
| Bag Received | 03/09/2026 | 21:46:39 | Integrated Parcel Hub AMPC | - |
| Item bagged | 06/09/2026 | 03:38:59 | Rajkot PH | - |
| Item Dispatched | 06/09/2026 | 05:10:49 | Rajkot PH | - |
| Bag Received for Forwarding | 06/09/2026 | 05:21:52 | Rajkot RMS TMO | - |
| Item Dispatched | 06/09/2026 | 05:47:32 | Rajkot RMS TMO | - |
| Bag Received | 07/09/2026 | 06:58:38 | Morbi MDG SO | - |
| Item received at Destination | 07/09/2026 | 09:04:25 | Morbi MDG SO | - |
| Item Invoiced to BO | 07/09/2026 | 10:00:51 | Morbi MDG SO | - |
| Item bagged | 07/09/2026 | 10:29:58 | Morbi MDG SO | - |
Clause 19 of the Franchise Agreement has an arbitration clause. The same is reproduced hereinbelow:
“19. DISPUTE RESOLUTION
19.1Any and all disputes or differences arising out of or in relation to or in connection with this Agreement between the Parties or relating to the performance or non-performance of the rights and obligations set forth herein or relating to the breach, termination, invalidity or interpretation thereof shall be referred for arbitration to sole Arbitrator in accordance with the terms of Arbitration and Conciliation Act, 1996 or any amendments thereof.
19.2The place of arbitration shall be New Delhi.
19.3The language used in the arbitral proceedings shall be English.
19.4Arbitration shall be conducted by a sole arbitrator.
19.5The sole arbitrator shall be appointed by the Master Franchisee. The arbitral award shall be in writing and shall be final and binding on each party and shall be enforceable in any court of competent jurisdiction.
19.6Noting contained in this Section 19 shall be construed to limit or preclude a party from bringing any action in any court of competent jurisdiction for injunctive or similar court order providing for other provisional relief to compel another party to comply with its obligations hereunder at any time. The costs of any such action, including, without limitations, attorney’s fees, shall be borne by the losing party. For all such proceedings, Courts at Delhi shall have the jurisdiction. “
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 agreement2.
In the aforesaid circumstances, this Court finds no impediment in appointing a Sole Arbitrator.
Accordingly, Mr. Abhishek Mahajan, Advocate (Mob. No. 9810981062) 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 objection 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. Abhishek Mahajan, Advocate, learned Arbitrator through all permissible modes including email.
Accordingly, the present petition is disposed of in the above terms.