Mcgraw Hill Education (India) Private Limited vs Mr Manoj Jain

Court
Delhi High Court

$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
# CNR No. DLHC010286602026
+ ARB.P. 1087/2026
MCGRAW HILL EDUCATION (INDIA) PRIVATE
LIMITED .....Petitioner
Through: Mr. Yaman Kumar and Mr.
Kashish Bansal, Advocates.
versus
MR MANOJ JAIN .....Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
JUDGMENT(ORAL)
% 12.10.2026
1. As per the affidavit of service filed by the Petitioner, the service
is sufficient in the present matter.

2. However, none has appeared on behalf of the Respondent.
Accordingly, this Court shall proceed ex parte with appointment of an
Arbitrator.

3. This petition has been filed under Section 11 of the Arbitration
and Conciliation Act of 1996 for resolution of disputes arising out of
Sale Agreement dated 08.05.2013. The Petitioner is aggrieved by the
purported non-payment of dues by the Respondent.


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.

Signature Not Verified
Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:01:20
ARB.P. 1087/2026 Page 1 of 4

5. In the present case, the arbitration clause is contained in Clause
18 of the said Agreement, as follows:

“18. Dispute Resolution

a) All and any disputes and claims, arising out of or
relating in any manner to this Agreement or the breach,
termination, non-performance, interpretation or validity
thereof, shall first be. discussed in good faith by officers
duly nominated for the purpose by each party, with a view
to resolve the same.

b) All and any disputes and claims as aforesaid, which
cannot be fully and satisfactorily resolved or settled by the
parties as aforesaid, shall at the request of either party, be
referred to arbitration except that Publisher shall have the
right to seek injunctive relief. for any infringement of its
intellectual property rights in a court of competent
jurisdiction instead of and/or in addition to any such
arbitration.

c) Such dispute arising out of this Agreement shall be
referred to arbitration of a sole Arbitrator appointed by the
Publisher, in accordance with the provisions of the
Arbitration and Conciliation Act, 1996. The decision of the
Arbitrator shall be binding on both the Parties.

d) The seat of arbitration shall be at New Delhi and the
proceedings shall be conducted in the English language.”

6. In the aforesaid view of the matter, this Court finds no
impediment in appointing a Sole Arbitrator.

7. Accordingly, Ms. Laavanya Kaushik, Advocate (Mob.
No.9871049740) 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
today.

Signature Not Verified
Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:01:20
ARB.P. 1087/2026 Page 2 of 4

8. 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.

9. 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.

10. It shall be open to the parties to raise all pleas, including but not
limited to objections as to arbitrability and jurisdiction, before the
learned Sole Arbitrator who shall decide the same in accordance with
law.

11. 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.

12. The Registry is directed to send a receipt of this order to Ms.
Laavanya Kaushik, learned Arbitrator through all permissible modes
including email.

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

Signature Not Verified
Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:01:20
ARB.P. 1087/2026 Page 3 of 4

14. Pending application(s), if any, also stand disposed of.


OM PRAKASH SHUKLA, J
OCTOBER 12, 2026/pa

Signature Not Verified
Signed By:ANUBHAV
TRIPATHI
Signing Date:16.10.2026
17:01:20
ARB.P. 1087/2026 Page 4 of 4