M/S Jahreet Infra Private Limited vs M/S Grovy India Limited And Anr
- Court
- Delhi High Court
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
# CNR No. DLHC010298102026
+ ARB.P. 1128/2026
M/S JAHREET INFRA PRIVATE LIMITED .....Petitioner
Through: Ms. Sunanda Tulsyan, Mr.
Akhil, Mr. Sunil Chaudhary,
Ms. Babita Rawat and Ms.
Kashish M, Advs.
versus
M/S GROVY INDIA LIMITED AND ANR .....Respondents
Through: Mr. Aditya Wadhwa, Mr.
Arunav Sarma and Mr.
Abhyankar Panth, Advs. for R-
1.
CORAM:
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
JUDGMENT(ORAL)
% 16.09.2026
1. The present petition has been filed under Section 11 of the
1
Arbitration and Conciliation Act, 1996 seeking appointment of a Sole
Arbitrator for adjudication of the disputes arising between the parties
out of and in connection with the Construction Agreement executed in
or about June 2022.
2. The dispute between the parties arises in relation to the
construction and development of the subject property and alleged
breaches by the Respondents, including incomplete construction, use
of inferior and sub-standard materials and failure to provide various
facilities and documents in terms of the agreed specifications.
Signature Not Verified
ARB.P. 1128/2026 Page 1 of 4
Signed By:ANUBHAV
TRIPATHI
Signing Date:18.09.2026
10:53:42
3. Clause 29 of the Construction Agreement contains the
arbitration agreement between the parties and reads as follows:
29. That in case any dispute and/or differences arise
between the parties regarding the terms and
conditions or implementation thereof then the same
shall be referred to the sole arbitration of a mutually
appointed arbitrator, whose decision shall be final
and binding upon the parties. The place of
Arbitration shall be at New Delhi and the provisions
of Arbitration and Conciliation Act, 1996 shall
apply to such proceedings.
4. It is further borne out from the record that the Petitioner
invoked arbitration agreement vide notice dated 04.02.2026.
5. Respondent No.2 is a proforma party and there is no relief
sought against Respondent No.2.
6. Mr. Abhyankar Panth, learned Counsel appearing for
Respondent No.1 submits that he has no objection to the relief sought
in the present petition for reference of the disputes to the Arbitrator.
7. 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.
8. In the present case, there is no dispute with regard to the
existence of a valid arbitration clause between the parties.
1
“Act” hereinafter
Signature Not Verified
ARB.P. 1128/2026 Page 2 of 4
Signed By:ANUBHAV
TRIPATHI
Signing Date:18.09.2026
10:53:42
9. Further, the parties are ad idem with respect to the reference of
the disputes to arbitration. In the aforesaid circumstances, this Court
finds no impediment in appointing a Sole Arbitrator.
10. Accordingly, Mr. Amandeep Joshi, Advocate (Mob. No.
9818065100) 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.
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.
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, including
objection as to arbitrability and jurisdiction, before the learned Sole
Arbitrator who shall decide 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(6) of the
Act. The learned Sole Arbitrator shall adjudicate the disputes
independently and on their own merits, uninfluenced by any
Signature Not Verified
ARB.P. 1128/2026 Page 3 of 4
Signed By:ANUBHAV
TRIPATHI
Signing Date:18.09.2026
10:53:42
observations contained in the present order.
15. The Registry is directed to send a receipt of this order to Mr.
Amandeep Joshi, learned Arbitrator through all permissible modes
including email.
16. Accordingly, the present petition is disposed of in the above
terms.
OM PRAKASH SHUKLA, J
SEPTEMBER 16, 2026/ gunn
Signature Not Verified
ARB.P. 1128/2026 Page 4 of 4
Signed By:ANUBHAV
TRIPATHI
Signing Date:18.09.2026
10:53:42