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

$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
# CNR No. DLHC010400342026
+ ARB.P. 1526/2026
SAKARNI PLASTER INDIA (P) LTD .....Petitioner
Through: Mr. Rohit Sharma, Mr. Jatin
Lalwani, Mr. Nikhil Purohit
and Mr. Taj Mohammad, Advs.

versus


CLASSIC GYPSUM INDUSTRIES PVT LTD .....Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
JUDGMENT(ORAL)
% 16.10.2026

1. The present petition has been filed under Section 11 of the
1
Arbitration and Conciliation Act, 1996 seeking appointment of an
Arbitrator for the resolution of disputes arising out of Agreement
dated 28.03.2025 executed between the parties herein.

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

3. 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:


1
“Act” hereinafter
Signature Not Verified
Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:31:26
ARB.P. 1526/2026 Page 1 of 5

Signature Not Verified
Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:31:26
ARB.P. 1526/2026 Page 2 of 5

4. 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.

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

11. Governing Law
& Notice
This Agreement shall be governed
under Indian laws, and Parties agree
to the exclusive jurisdiction of New
Delhi Courts in case of any dispute
arising out of or in relation to this
Agreement.

Any dispute of difference whatsoever
arising between the parties out of or
relating to this Agreement or
construction, meaning, scope,
implementation, operation or effect of
this Agreement or the validity or the
breach thereof, which has not been
resolved within 30 days of notice to
the other Party, then the same shall be
referred to Arbitration under
Arbitration & Conciliation Act, 1996,
and any amendment thereof to the sole
Arbitrator mutually appointed by the
Parties, failing which the sole
arbitrator shall be appointed in
accordance with the Arbitration &
Conciliation Act. The language of
Arbitration shall be English, and the
seat and place of Arbitration shall be
New Delhi. The award of the
Arbitrator shall be binding upon the
Parties thereto and the Parties further
undertake to bear: (i) equally the
costs, fees and other expenses of the
Arbitration; and (ii) its own lawyers'
fees and other related charges in
relation to the Arbitration.”


Signature Not Verified
Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:31:26
ARB.P. 1526/2026 Page 3 of 5

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

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

8. 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.

9. 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.

10. 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.

11. 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.

12. It is clarified that the observations made herein are only for the
Signature Not Verified
Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:31:26
ARB.P. 1526/2026 Page 4 of 5

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.

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

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


OM PRAKASH SHUKLA, J
OCTOBER 16, 2026 /gunn




Signature Not Verified
Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:31:26
ARB.P. 1526/2026 Page 5 of 5