Gvpl Technologies Private Limited vs Createcomm Tech Private Limited

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
# CNR No. DLHC010176472026
+ ARB.P. 761/2026
GVPL TECHNOLOGIES PRIVATE LIMITED .....Petitioner
Through: Mr. Dinesh Jotwani, Mr. Harsh
Kumar & Ms. Disha Aneja,
Advs.
versus

CREATECOMM TECH PRIVATE LIMITED .....Respondent
Through: None.

CORAM:
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
JUDGMENT(ORAL)
% 16.10.2026

1. The instant petition is filed under Section 11 of the Arbitration
1
and Conciliation Act of 1996 for resolution of disputes arising out of
Product Development Agreement dated 28.03.2023 and 21.02.2024.

2. The Petitioner is aggrieved by the alleged non-payment by the
Respondent.

3. Notice was issued on 28.04.2026. However, none has put in
appearance on behalf of the Respondent nor any reply has been filed.


4. It further appears that service is sufficient as per the affidavit of
service filed by learned Counsel for the Petitioner.

1
“Act” hereinafter
Signature Not Verified
ARB.P. 761/2026 Page 1 of 5


Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:31:26

5. The tracking report on record qua service to the Respondent is
as follows:



Signature Not Verified
ARB.P. 761/2026 Page 2 of 5


Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:31:26

6. 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.

7. In the present case, Clause 20.8(c) of the Agreements contains
the arbitration agreement as follows:

“20.8 Governing Law and Dispute Resolution
(c) Such arbitration shall be in accordance with the rules
framed under the provisions of the Arbitration and Conciliation
Act, 1996 (which rules are deemed to be incorporated in this
Agreement by reference herein) and shall be held in New Delhi. All
proceedings of such arbitration shall be in the English language.”

8. Accordingly, this Court is of the view that prima facie an
arbitration agreement exists between the parties.

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

10. Accordingly, Ms. Hemlata Rawat, Advocate (Mob.
No.9811022733) is appointed as a learned Sole Arbitrator to
Signature Not Verified
ARB.P. 761/2026 Page 3 of 5


Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:31:26

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 within three 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 but not limited to with respect to the
impleadment of parties, 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(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.

15. The Registry is directed to send a receipt of this order to Ms.
Signature Not Verified
ARB.P. 761/2026 Page 4 of 5


Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:31:26

Hemlata Rawat, learned Arbitrator through all permissible modes
including email.

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


OM PRAKASH SHUKLA, J
OCTOBER 16, 2026/at




Signature Not Verified
ARB.P. 761/2026 Page 5 of 5


Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:31:26