Triveni Pattern Glass Ltd vs Triveni Glass Ltd. & Ors.

Court
Delhi High Court

$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
# CNR No. DLHC010308592026
+ ARB.P. 1180/2026
TRIVENI PATTERN GLASS LTD .....Petitioner
Through: Mr. Vibhor Garg, Ms. Diksha
Kakkar and Mr. Ravindra
Kumar, Advs.
versus

TRIVENI GLASS LTD. & ORS. .....Respondents
Through: Mr. Omar Ahmad and Mr.
Vikram Shah, Advs. for R-1.
Mr. Vikram Shah, Adv. for R-2.
Mr. Tushar Gupta, Mr.
Lakhvinder Singh, Advs. for R-
3.
CORAM:
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
ORDER(ORAL)
% 31.08.2026
The case is being listed today as 27.08.2026 was declared a
Holiday vide Notification No. 85/G-4/Genl.-I/DHC dated
21.08.2026 .

1. The present petition has been filed under Section 11(6) of the
1
Arbitration and Conciliation Act, 1996 seeking appointment of
learned Sole Arbitrator in terms of Article 24 of Business Transfer
Agreement dated 29.03.2019 read with Clause 15 of the Tripartite
Assignment Agreement dated 08.05.2019.

2. The relevant portions are extracted hereinbelow:


1
“the Act”, hereinafter
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Signed By:ANUBHAV
TRIPATHI
Signing Date:03.09.2026
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ARB.P. 1180/2026 Page 1 of 4

“Article 24 - Dispute Resolution
In the event of any dispute or differences arising between the
Parties hereto either touching or concerning the construction,
meaning or effect of this Agreement or the respective rights and
obligations of the Parties hereto, or their enforcement there under,
it shall be first settled amicably through discussions and
consultation between the Parties. If the dispute is not resolved then
it would be referred to Arbitration by appointment of sole
Arbitrator in accordance with the provisions of the Arbitration and
Conciliation, Act 1996. The arbitration award made by arbitrator
shall be final and binding on the Parties and the Parties agree to
be bound thereby and to act accordingly. The award shall be
enforceable in competent courts of law. The place and seat of
Arbitration shall be New Delhi. All the Arbitration proceedings
shall be conducted in English language. The award shall be in
writing. When any dispute is under arbitration, except for the
matters under dispute the Parties shall continue to exercise their
remaining respective rights and fulfil their remaining respective
obligations under this Agreement during the pendency of the
arbitration proceedings.”

“Clause 15 of Tripartite Assignment Agreement
15. That the Parties hereby agree that they shall work together
to resolve any disputes that may arise under this agreement or
under the BTA and in the event that disputes do arise, which
parties are unable to settle amicable, the dispute shall be referred
to arbitration as per Arbitration and Conciliation Act, 1996. That
the dispute arising out of this Agreement or under the Business
Transfer Agreement including its Addendum I shall be referred to a
sole arbitrator to be appointed by mutual consent of all the three
parties and the place/seat/venue of Arbitration shall be New
Delhi.”

3. Learned Counsel appearing for the Respondent No. 2 has raised
an objection that Respondent No. 2 is not a party to any of the
agreements, so he is not the necessary party.

4. 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.

5. In the present case, there is no dispute with regard to the
Signature Not Verified
Signed By:ANUBHAV
TRIPATHI
Signing Date:03.09.2026
17:29:22
ARB.P. 1180/2026 Page 2 of 4

existence of the arbitration agreement qua Respondents No. 1 and 3.
The parties are ad idem with respect to reference of disputes to
arbitration.

6. Therefore, this Court finds no impediment in appointing a Sole
Arbitrator.

7. The Petitioners claims an amount of Rs. 4,36,03,064/-.

8. Accordingly, Mr. K. Parameshwar, Senior Advocate, (Mob. No.
9958735143) 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.

9. 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.

10. 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.

11. 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.

12. It is clarified that the observations made herein are only for the
purpose of deciding the present petition under Section 11(6) of the
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Signed By:ANUBHAV
TRIPATHI
Signing Date:03.09.2026
17:29:22
ARB.P. 1180/2026 Page 3 of 4

Act. The learned Sole Arbitrator shall adjudicate the disputes
independently and on their own merits, uninfluenced by any
observations contained in the present order.

13. The Registry is directed to send a receipt of this order to Mr. K.
Parameshwar, learned Arbitrator through all permissible modes
including email.

14. As far as Respondent No. 2 is concerned, the Petitioner is at
liberty to move an application for impleadment before the learned
Sole Arbitrator.

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



OM PRAKASH SHUKLA, J
AUGUST 31, 2026/ gunn




Signature Not Verified
Signed By:ANUBHAV
TRIPATHI
Signing Date:03.09.2026
17:29:22
ARB.P. 1180/2026 Page 4 of 4