Rakesh Kumar Burreja vs Ss Enterprises & Anr.

Court
Delhi High Court

$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
# CNR No. DLHC010301982026
+ ARB.P. 1141/2026
RAKESH KUMAR BURREJA .....Petitioner
Through: Mr. Vijay singh and Mr. Shubh
Goyal, Advs.
versus
SS ENTERPRISES & ANR. .....Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
JUDGMENT(ORAL)
% 30.10.2026


1. Service upon the Respondents is deemed sufficient in view of
the affidavit of service, which records that substituted service was
effected upon them by way of newspaper publication, in terms of the
directions issued by this Court under Order V Rule 20 of the Code of
Civil Procedure, 1908. The publication also notified the Respondents
to appear before this Court, failing which the petition would be taken
up for hearing. This Court had also granted an opportunity to the
Respondents to file their reply to the present petition. However, no
reply has been filed till date.

2. Despite substituted service having been duly effected and
sufficient opportunity having been granted, none appears on behalf of
the Respondents. The Respondents have also failed to file any reply to
the present petition.

3. In view thereof and considering that the Respondents have
chosen not to participate in the present proceedings, despite sufficient
Signature Not Verified
ARB.P. 1141/2026 Page 1 of 7


Signed By:GUNN
Signing Date:03.11.2026
11:52:04

service, this Court finds no impediment in proceeding to consider the
appointment of a Sole Arbitrator.

4. The newspaper publications placed on record establishes that
the Respondents have been duly served. The proof of service as
reflected from the publication is annexed to the petition:-

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ARB.P. 1141/2026 Page 2 of 7


Signed By:GUNN
Signing Date:03.11.2026
11:52:04

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ARB.P. 1141/2026 Page 3 of 7


Signed By:GUNN
Signing Date:03.11.2026
11:52:04

5. Maintenance Agreement contains an arbitration Clause under
Clause 17, which is reproduced hereinbelow:
“Arbitration: Excepting the cases of theft/pilferage of electric
energy or interference with meter etc. (which are inter-alia
offences) and only after the bill amount payable are paid to
MAINTENANCE AGENCY. In the event of any differences or
disputes arising between MAINTENANCE AGENCY and the
SPACE BUYER in respect of any matter connected with the
accuracy of bills, supply of services or interpretation of any of
these terms and conditions which cannot be determined amicably,
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Signed By:GUNN
Signing Date:03.11.2026
11:52:04

or settled through an agreement between MAINTENANCE
AGENCY and the SPACE BUYER, the matter shall be referred to
arbitration of Sole Arbitrator appointed by MAINTENANCE
AGENCY. Reference to arbitration shall be without prejudice to
the right of MAINTENANCE AGENCY to effect recovery of
arrears of dues (through disconnection of supply or otherwise).
The decision of Arbitrator shall be final and binding on the parties.
The arbitration proceedings shall be held at office of
MAINTENANCE AGENCY and shall be in accordance with the
Arbitration and Conciliation Act, 1996 or statutory modifications
thereto. The Courts at New Delhi alone and/or High Court at Delhi
alone shall have the jurisdiction in all matters of dispute arising
out of or touching and or covering this transaction and arbitration
proceedings shall be conducted in English language.”

6. It is well settled that, while exercising jurisdiction under Section
1
11 of the Arbitration and Conciliation Act, 1996 the scope of enquiry
is confined to examining the prima facie existence of an arbitration
agreement.

8. In the present case, this Court is of the view that a valid and
binding agreement exists between the parties.

9. In the aforesaid circumstances, this Court finds no impediment
in appointing a Sole Arbitrator to adjudicate the disputes between the
parties.

10. Accordingly, Mr. Abhinav Agrawal (Advocate), Mob. No.
8889299671 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 two weeks from today.
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ARB.P. 1141/2026 Page 5 of 7


Signed By:GUNN
Signing Date:03.11.2026
11:52:04

11. 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 two weeks of entering reference.

12. 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.

13. It shall be open to the parties to raise all pleas, before the
learned Sole Arbitrator including objection as to arbitrability and
jurisdiction before the learned Sole Arbitrator, who shall consider the
same in accordance with law.

14. It is clarified that the observations made herein are only for the
purpose of deciding the present petition under Section 11 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.

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


1
“Act” hereinafter
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ARB.P. 1141/2026 Page 6 of 7


Signed By:GUNN
Signing Date:03.11.2026
11:52:04

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

OM PRAKASH SHUKLA, J
OCTOBER 30, 2026/at
Signature Not Verified
ARB.P. 1141/2026 Page 7 of 7


Signed By:GUNN
Signing Date:03.11.2026
11:52:04