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Delhi High Court
Indu Dawar vs Praveen Kumar And Ors on 4 February, 2026
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 04.02.2026
+ O.M.P.(I) (COMM.) 228/2025
INDU DAWAR .....Petitioner
Through: Mr. Mayank Arora, Ms. Vedika
Gupta and Mr. Pulkit Dahiya,
Advocates.
versus
PRAVEEN KUMAR AND ORS. .....Respondents
Through: Mr. Sanjiv Sharma, Mr. Mohd.
Khalid and Ms. Mansi
Bhardwaj Advocates for R-1.
Mr. Shantwanu Singh,
Advocates for R-2 & R-3.
CORAM:
HON'BLE MR. JUSTICE HARISH VAIDYANATHAN
SHANKAR
% JUDGEMENT (ORAL)
1. The present petition filed under Section 9(1)(ii)(d) and
9(1)(ii)(e) of the Arbitration and Conciliation Act, 1996, ["the Act"],
inter alia, seeks interim injunctions and appointment of a receiver.
2. Learned counsel appearing for the parties on instructions jointly
submit that instead of adjudication of this petition on merit by this
Court, the present lis be referred to arbitration under the aegis of
DIAC, and till the time the learned Arbitrator enters into reference,
status quo as of today may be maintained.
3. This Court finds the suggestion put forth jointly by the parties
to be reasonable, fair and appropriate in the facts and circumstances of
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
O.M.P.(I) (COMM.) 228/2025 Page 1 of 4
BHATIA
Signing Date:07.02.2026
15:23:10
the case.
4. It is noted that learned counsel for the parties are ad idem that
the disputes between them are governed by the arbitration clause
contained in Clause 15 of the New Partnership Deed executed in
November 2022, which was entered into in continuation of the earlier
Partnership Deed dated 24.11.2021. The parties are also in consensus
for the appointment of an arbitrator. For the sake of convenience, the
Arbitration clause, being Clause 15 of the New Partnership Deed, is
reproduced hereunder:
"15) Any disputes or differences in connection with the partnership
or this Deed shall be referred to the Sole Arbitrator to be appointed
by the parties mutually and the said Arbitrator shall adjudicate
upon the dispute/reference at Delhi. The said Arbitration shall be
governed by the provisions of the Arbitration and Conciliation Act,
1996 or any statutory modification or re-enactment thereof for the
time being."
5. In view of such consensus, the parties waive the requirement of
a formal notice under Section 21 of the Act as well as the necessity of
filing a petition under Section 11 of the Act for the appointment of an
Arbitrator.
6. Since the parties have mutually consented to the appointment of
an Arbitrator, and this Court is also of the view that the
commencement of arbitral proceedings should not be unduly delayed,
it would be in the interest of justice that an Arbitrator be appointed
forthwith.
7. In view of the foregoing, the disputes as arisen between the
parties are referred to the Arbitration.
8. Accordingly, Hon'ble Mr. Justice (Retd.) Ali Mohammad
Magrey (e-mail: & Mobile No.
who is empanelled with the Delhi
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
O.M.P.(I) (COMM.) 228/2025 Page 2 of 4
BHATIA
Signing Date:07.02.2026
15:23:10
International Arbitration Centre ["DIAC"], is appointed as the sole
Arbitrator.
9. The arbitration would take place under the aegis of the DIAC
and would abide by its rules and regulations. The learned Arbitrator
shall be entitled to fees as per the Schedule of Fees maintained by the
DIAC.
10. The learned Arbitrator is also requested to file the requisite
disclosure under Section 12(2) of the Act within a week of entering
the reference.
11. The Registry is directed to send a receipt of this order to the
learned arbitrator through all permissible modes, including through e-
mail.
12. All rights and contentions of the parties in relation to the
claims/counter-claims are kept open, to be decided by the learned
Arbitrator on their merits, in accordance with law.
13. 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.
14. Accordingly, the present petition under Section 9 of the Act
shall be treated as an application under Section 17 of the Act, and
appropriate directions may be passed by the learned Arbitrator after
entering reference.
15. The interim order as of today will continue to operate till the
time the learned Arbitrator adjudicates the application under Section
17 of the Act.
16. The parties are at liberty to raise all objections, including with
respect to the jurisdiction of the Arbitrator, before the learned Arbitral
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
O.M.P.(I) (COMM.) 228/2025 Page 3 of 4
BHATIA
Signing Date:07.02.2026
15:23:10
Tribunal.
17. Let a copy of this Order be transmitted to the DIAC for
necessary information and action.
18. Accordingly, the present petition, along with pending
application(s), if any, stands disposed of.
HARISH VAIDYANATHAN SHANKAR, J.
FEBRUARY 04, 2026/tk/kr
