Dsv Contracts Logistics Private Limited vs Arshiya Northern Ftwz Limited & Ors.

$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Date of Decision: 4 November, 2026
# CNR No. DLHC010534922026
+ O.M.P.(I) (COMM.) 520/2026
DSV CONTRACTS LOGISTICS PRIVATE LIMITED
.....Petitioner
Through: Mr. Jayant Mehta, Sr. Advocate with
Mr. Sukrit R Kapoor, Ms. Garima
Singh, Mr. Raunaq B. Mathur, Mr.
Harshit Kiran and Mr. Sarthak
Miglani, Advocates.

versus

ARSHIYA NORTHERN FTWZ LIMITED & ORS.
.....Respondent
Through: Mr. Dayan Krishnan, Sr. Advocate
with Mr. Parmindar Singh, Mr.
Swapnil Srivastava, Mr. Vinayak
Bhandari, Mr. Shridhar, Mr. Vishnu
Tallapragada and Mr. Aryanshu
Vaibhav, Advocates.

CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
I.A. 30644/2026 (Exemption)
Exemption allowed, subject to all just exceptions.
O.M.P.(I) (COMM.) 520/2026
1. The present petition has been filed under Section 9 of Arbitration and
Conciliation Act, 1996 . The petitioner seeks urgent interim protection of its
rights, possession, access and continued operations at Warehouse No.52,
admeasuring approximately 73,500 sq. ft., situated at Arshiya Northern
FTWZ, District Bulandshahr, Uttar Pradesh, pursuant to registered lease
Signature Not Verified
O.M.P.(I) (COMM.) 520/2026 1

Digitally Signed
By:SONIA THAPLIYAL
Signing Date:04.11.2026
18:09:07

agreement dated 24.05.2024.
2. Prior thereto, also, there was an agreement between the parties which
took place on 08.04.2024. The said agreement, however, was not got
registered.
3. According to Sh. Jayant Mehta, learned Senior Counsel for the
petitioner, the respondent has terminated the lease by virtue of notice dated
23.10.2026 and has demanded a sum of Rs.2,36,58,209.84 as outstanding
from petitioner. After such termination, the petitioner is being restrained and
obstructed from, even, using the abovesaid premises.
4. Mr. Mehta also states that petitioner has already responded to one
earlier demand notice dated 23.06.2026 sent by Resolution Professional (RP)
concerned and in such reply, petitioner has also raised claim and demand and
has given notice of existence of dispute.
5. Sh. Dayan Krishnan, learned Senior Counsel appears on advance
notice for the respondent and disputes various averments made in the petition.
He also submits that the lease deed which was purportedly executed on
24.05.2024 has no validity or sanctity in the eyes of law, inter alia , for the
reason that the same has been signed, on behalf of lessor, by a person who is
not authorized and competent to execute the same.
6. Both the agreements contain arbitration clause and as per the
Arbitration clause, the seat and venue of such Arbitration is of Delhi.
Reference is made to clause No. 19 of both said agreements. The Clause,
which is, verbatim , reads as under:-
“19. DISPUTE RESOLUTION AND ARBITRATION
19 .1 All disputes or differences whatsoever which shall at any
time hereafter (whether during the continuance of this Deed of upon or
after its discharge or termination) arise between the Parties, touching
or concerning this Deed or its construction or effect or the rights,
Signature Not Verified
O.M.P.(I) (COMM.) 520/2026 2

Digitally Signed
By:SONIA THAPLIYAL
Signing Date:04.11.2026
18:09:07

duties, obligations, responsibilities and liabilities of the Parties hereto
or any of them, under or by virtue of this Deed or otherwise or as to any
other matter in any way connected with or arising out of or in relation
to the subject matter of this Deed, shall be at the first instance be
resolved by conciliatory talks between the authorised representatives of
the Parties.
19.2 For any reason if resolution of the same is not achieved through
the said conciliatory talks, then, within thirty (30) days of such failure,
the same shall be referred for resolution through arbitration by
mutually appointing a sole arbitrator. The arbitration shall be
conducted in accordance with the provisions of the Arbitration and
Conciliation Act, 1996, including any statutory amendments,
modifications re-enactments thereto. The arbitration proceedings shall
be conducted in English and the venue of the arbitration shall be Delhi,
India. Each party irrevocably and unconditionally submits to the
exclusive jurisdiction of the courts in Delhi, India.”

7. However, after some arguments, learned Senior Counsel for
respondents, without prejudice to his rights and contentions, including the
preliminary objections, submits, on instructions, that they would have no
objection if a sole Arbitrator is appointed to consider the alleged disputes. He
submits that, if required, respondent may also lodge a counter-claim.
8. Both the sides also waive off their rights to first exhaust conciliatory
process and also do away with requirement of sending any formal notice
under Section 21 of Arbitration and Conciliation Act, 1996 .
9. Keeping in mind the abovesaid submissions and no objection with
respect to the appointment of Arbitrator and with the consent of both the
parties, the petition stands disposed of with the following directions:-
i) The disputes between parties concerning said agreement(s) are referred
to Arbitration.
ii) Justice Rekha Palli, former Judge of this Court is appointed Sole
Arbitrator to adjudicate all such disputes.
iii) The Arbitration will be held under the aegis of Delhi International
Signature Not Verified
O.M.P.(I) (COMM.) 520/2026 3

Digitally Signed
By:SONIA THAPLIYAL
Signing Date:04.11.2026
18:09:07

Arbitration Centre (DIAC) and would be governed by the Rules of DIAC.
The fee of the Arbitrator shall be fixed as per fee schedule under DIAC
(Administrative Cost and Arbitrator’s fees) Rules 2018.
iv) The learned Arbitrator is requested to furnish a declaration in terms of
Section 12 of Arbitration and Conciliation Act, 1996, prior to entering into
the reference.
v) It is made clear that all the rights and contentions of the parties,
including as to the arbitrability of the claim and any other preliminary
objections as well as merits of claim or counter claim, if any, are left open for
adjudication by the learned Arbitrator.
vi) The petitioner would report to the Coordinator of DIAC within two
working days.
vii) The present petition is also directed to be treated as the one filed under
Section 17 of Arbitration and Conciliation Act, 1996 and learned sole
arbitrator is humbly requested to make best endeavour to decide the same as
expeditiously as possible, preferably within a period of three weeks. Needless
to say both the sides would render their requisite assistance and cooperation to
achieve such expeditious disposal.
10. A copy of this order be sent to learned Sole Arbitrator for due
information.

(MANOJ JAIN)
JUDGE
NOVEMBER 4, 2026/ss/sk
Signature Not Verified
O.M.P.(I) (COMM.) 520/2026 4

Digitally Signed
By:SONIA THAPLIYAL
Signing Date:04.11.2026
18:09:07