Prashant Mamgain vs M/S Ioc Phinergy Private Limited

$~7 to 12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
# CNR No. DLHC010291082026
+ ARB.P. 1098/2026
MR. KULDEEP KUMAR RAINA .....Petitioner
Through: Mr. Abhay Chitravanshi and
Ms. Bhawna Nanda, Advs.

versus

M/S IOC PHINERGY PRIVATE LIMITED .....Respondent
Through: Mr. Amit M, Mr. T. Singh, Mr.
Vibhor Victor, Advs.
8.
# CNR No. DLHC010290842026
+ ARB.P. 1100/2026
ASHISH SHARMA .....Petitioner
Through: Mr. Abhay Chitravanshi and
Ms. Bhawna Nanda, Advs.

versus

M/S IOC PHINERGY PRIVATE LIMITED .....Respondent
Through: Mr. Amit M, Mr. T. Singh, Mr.
Vibhor Victor, Advs.
9.
# CNR No. DLHC010290292026
+ ARB.P. 1102/2026, I.A. 20782/2026
KAPIL MISHRA .....Petitioner
Through: Mr. Abhay Chitravanshi and
Ms. Bhawna Nanda, Advs.

versus

M/S IOC PHINERGY PRIVATE LIMITED
.....Respondent
Through: Mr. Amit M, Mr. T. Singh, Mr.
Vibhor Victor, Advs.
10.
# CNR No. DLHC010291162026
Signature Not Verified
ARB.P. 1098/2026 and conn. Page 1 of 5


Signed By:PREETI
Signing Date:31.08.2026
20:31:20

+ ARB.P. 1104/2026 & I.A. 20788/2026
AMIT MISHRA .....Petitioner
Through: Mr. Abhay Chitravanshi and
Ms. Bhawna Nanda, Advs.

versus

M/S IOC PHINERGY PRIVATE LIMITED .....Respondent
Through: Mr. Amit M, Mr. T. Singh, Mr.
Vibhor Victor, Advs.
11.
# CNR No. DLHC010290332026
+ ARB.P. 1108/2026 & I.A. 20783/2026
PALASH ROY CHOWDHARY .....Petitioner
Through: Mr. Abhay Chitravanshi and
Ms. Bhawna Nanda, Advs.

versus

M/S IOC PHINERGY PRIVATE LIMITED .....Respondent
Through: Mr. Amit M, Mr. T. Singh, Mr.
Vibhor Victor, Advs.
12.
# CNR No. DLHC010290302026
+ ARB.P. 1109/2026
PRASHANT MAMGAIN .....Petitioner
Through: Mr. Abhay Chitravanshi and
Ms. Bhawna Nanda, Advs.

versus

M/S IOC PHINERGY PRIVATE LIMITED .....Respondent
Through: Mr. Amit M, Mr. T. Singh, Mr.
Vibhor Victor, Advs.
CORAM:
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
JUDGMENT(ORAL)
% 24.08.2026

Signature Not Verified
ARB.P. 1098/2026 and conn. Page 2 of 5


Signed By:PREETI
Signing Date:31.08.2026
20:31:20

1. The present batch of petitions has been filed under section 11(6)
1
of the Arbitration and Conciliation Act, 1996 seeking appointment of
learned Sole Arbitrator in terms of the arbitration clause contained in
the respective employment agreements executed between the parties.

2. The Petitioners, who are former employees of the Respondent
have raised claims for payment of their respective dues, including
claims towards performance linked incentive/variable pay, annual
increment and other consequential amounts, as may be applicable to
each petitioner.


3. The amounts claimed varies from petition to petition.

4. Learned Counsel for Respondent submits that the termination of
the respective petitioners was validly effected in accordance with the
terms of their employment agreements that performance linked
incentive/variable pay and annual increments are discretionary and do
not constitute vested or guaranteed contractual entitlements, that the
Respondent has duly discharged its contractual obligations and that no
surviving arbitrable dispute remains between the parties.

5. It is well settled that the scope of enquiry in proceedings under
Section 11 of the Act is confined to examining the prima facie
existence of a valid arbitration agreement.


6. In the present batch of petitions, there is no dispute between the
parties with regard to the existence or validity of the arbitration

1
“the Act” hereinafter
Signature Not Verified
ARB.P. 1098/2026 and conn. Page 3 of 5


Signed By:PREETI
Signing Date:31.08.2026
20:31:20

agreements contained in the respective employment agreements. The
claims raised by the petitioners admittedly arise out of and or in
connection with the said employment agreements.

7. The objections raised by the Respondent essentially pertains to
the entitlement of the respective petitioners to the amounts claimed by
them and to the arbitrability of the disputes. The question as to
whether the claims raised by the petitioners constitute arbitrable
disputes, whether any amount is in fact due and payable, and whether
the Respondent’s objections in this regard are sustainable are matters
which fall for determination by the learned Arbitral Tribunal in
accordance with law.

8. At this stage, this Court is not required to adjudicate upon the
merits of the respective claims or the defence raised by the
Respondent.

9. The existence of the arbitration agreement being undisputed,
this Court finds no impediment in referring the disputes to Arbitration.

10. Accordingly, Mr. Pradeep Kumar, Advocate (Mobile No. +91-
9810243924) is appointed as the Sole Arbitrator to adjudicate the
disputes arising between the parties.


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 three weeks of entering
Signature Not Verified
ARB.P. 1098/2026 and conn. Page 4 of 5


Signed By:PREETI
Signing Date:31.08.2026
20:31:20

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, 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 with
claims and counter claims 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.
Pradeep Kumar, learned Arbitrator through all permissible modes
including email.

16. Accordingly, the present petitions are disposed of in the above
terms.

OM PRAKASH SHUKLA, J
AUGUST 24, 2026/at

Signature Not Verified
ARB.P. 1098/2026 and conn. Page 5 of 5


Signed By:PREETI
Signing Date:31.08.2026
20:31:20