M/S Djt Retailers Private Limited vs Rb Infraestate Private Limited

Court
Delhi High Court

$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
# CNR No. DLHC010421392026
+ ARB.P. 1607/2026
M/S DJT RETAILERS PRIVATE LIMITED .....Petitioner
Through: Mr. Harry Chhibber, Mr.
Sidhant Malik, Adv.
versus

RB INFRAESTATE PRIVATE LIMITED .....Respondent
Through: None.

CORAM:
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
JUDGMENT(ORAL)
% 03.11.2026

1. On the last date of hearing, notice was issued to the
Respondents and the Respondents were asked to file reply to the
present petition. However, the same has not been filed.

2. On a perusal of the affidavit of service filed it appears that the
notice has been duly served on the Respondents.

3. Despite the opportunity so granted, none appears on behalf of
the Respondents. Respondents have also failed to file any reply to the
present petition.

4. In view thereof and considering that the Respondents have
chosen not to participate in the present proceedings, despite sufficient
service, this Court finds no impediment in proceeding to consider the
Signature Not Verified
Signed By:PRAGYA
ARORA
Signing Date:04.11.2026
19:09:06
ARB.P. 1607/2026 Page 1 of 4

appointment of a Sole Arbitrator.

5. The tracking details placed on record establishes that the
Respondents have been duly served. The proof of service as reflected
from the tracking details is as follows:-



6. The Petitioner claims an amount approximately Rs.4,96,845/-.


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
Signature Not Verified
Signed By:PRAGYA
ARORA
Signing Date:04.11.2026
19:09:06
ARB.P. 1607/2026 Page 2 of 4

facie existence of an arbitration agreement.

8. In the present case, this Court is of the view that a valid and
binding agreement exists between the parties.

9. In the aforesaid circumstances, this Court finds no impediment
in appointing a Sole Arbitrator to adjudicate the disputes between the
parties.

10. Accordingly, Ms. Harshita Choubey, Advocate, (Mob. No.
9999776655) 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 two 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 two 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, 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
Signature Not Verified
Signed By:PRAGYA
ARORA
Signing Date:04.11.2026
19:09:06
ARB.P. 1607/2026 Page 3 of 4

purpose of deciding the present petition under Section 11 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.
Harshita Choubey, learned Arbitrator through all permissible modes
including email.

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


OM PRAKASH SHUKLA, J
NOVEMBER 3, 2026/at


Signature Not Verified
Signed By:PRAGYA
ARORA
Signing Date:04.11.2026
19:09:06
ARB.P. 1607/2026 Page 4 of 4