Sk Enmove Gabriel India Private Limited vs United Petrochem Private Limited

$~67
* IN THE HIGH COURT OF DELHI AT NEW DELHI
# CNR No. DLHC010401822026
+ O.M.P.(I) (COMM.) 370/2026
SK ENMOVE GABRIEL INDIA PRIVATE LIMITED
.....Petitioner
Through: Mr. Nishant Menon, Ms. Jhum
Jhum Sarkar and Ms.
Radhalakshmi R, Advs.

versus

UNITED PETROCHEM PRIVATE LIMITED .....Respondent
Through: Mr. Apoorv Kurup, Sr. Adv.
with Mr. G.S. Oberoi, Mr.
Ankur Sharma, Mohd. Yasin,
Mr. Sami Ahmed, Advs. along
with Mr. Bhuwan Chand, AR.
CORAM:
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
ORDER(ORAL)
% 13.10.2026
1. The present petition has been filed under Section 9 of the
1
Arbitration and Conciliation Act, 1996 seeking the following reliefs:

“(a) direct the Respondent to permit and facilitate completion of
the identified pending packing and repacking operations under the
existing job work orders issued by the Petitioner, and to provide a
firm, time-bound delivery schedule for the same within 10 days,
allowing one authorized representative of the Petitioner to remain
present at the site to verify and confirm the inventory transfer;

(b) direct the Respondent to deliver to the Petitioner its
inventory, raw materials, packaging materials and finished goods
lying at the Respondent's premises in the same condition as it was
given to the Respondent in the alternative to prayer (a) above;


1
“Act” hereinafter
Signature Not Verified
O.M.P.(I) (COMM.) 370/2026 Page 1 of 4


Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:01:20

(c) appoint the Court Receiver/Court Commissioner to
oversee, supervise, and prepare an inventory report of the smooth
handover and removal of the Petitioner's goods (with police
assistance, if required) the Petitioner's inventory, raw materials,
packaging materials, and finished goods described in para
hereinabove delivered by the Petitioner to the Respondent pursuant
to the Agreement, from the premises of the Respondent at 44/1A,
Village -Sikri Ballabgarh, Faridabad- 121004, Haryana and/or
other places of business of the Respondent.

(d) pass an ex-parte ad interim injunction restraining the
Respondent, its directors, officers, employees, agents,
representatives and/or any person acting on its behalf from using,
selling, disposing off or creating any third party rights on its
inventory, raw materials, packaging materials and finished goods
lying at the Respondent's premises or exercising any unlawful lien
or withholding mechanisms over the Petitioner's inventory, raw
materials, packaging materials, and finished goods, subject to the
final adjudication of the financial disputes between the parties.;

(e) pass such other and further order(s) as this Hon'ble Court
may deem fit and proper in the facts and circumstances of the
present case.”

2. Vide order dated 25.08.2026, this Court granted the interim
relief in favour of the Petitioner. Today, both parties are ad idem that
the matter may be referred to arbitration and present petition filed
under Section 9 shall stand treated as an application under Section 17
of the Act and the same shall be considered and decided by the learned
Sole Arbitrator upon entering into the reference.

3. Accordingly, both parties have waived their formal and
contractual obligations for the appointment of Arbitrator.

4. Accordingly, Ms. Shiva Lakshmi, Advocate (Mob.
No.9818054806) 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
Signature Not Verified
O.M.P.(I) (COMM.) 370/2026 Page 2 of 4


Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:01:20

today.

5. 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.

6. 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.

7. It shall be open to the parties to raise preliminary objection,
including objection as to arbitrability and jurisdiction, before the
learned Sole Arbitrator who shall decide the same in accordance with
law.

8. It is clarified that the observations made herein are only for the
purpose of deciding the present petition. The learned Sole Arbitrator
shall adjudicate the disputes independently and on their own merits,
uninfluenced by any observations contained in the present order.

9. Interim relief granted vide order dated 25.08.2026 shall
Continue until the sole arbitrator considers the matter and passes
appropriate orders.

10. The learned sole arbitrator is free to modify, vacate, or continue
the interim relief granted by this Court.
Signature Not Verified
O.M.P.(I) (COMM.) 370/2026 Page 3 of 4


Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:01:20

11. Learned Counsel appearing for the Petitioner submits that he
shall be granted liberty to amend the Section 9 petition, if any.

12. Leave and liberty as prayed, is granted.

13. The Registry is directed to send a receipt of this order to Ms.
Shiva Lakshmi, learned Arbitrator through all permissible modes
including email.

14. Accordingly, the present petition is disposed of in the above
terms. Pending application(s), if any, also stand disposed of.


OM PRAKASH SHUKLA, J
OCTOBER 13, 2026/ gunn




Signature Not Verified
O.M.P.(I) (COMM.) 370/2026 Page 4 of 4


Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:01:20