Legal Minute India
Delhi High Court

GENERAL MANAGER NORTHERN RAILWAY & ORS. v. MR ATUL SINGH

Delhi High Court appoints sole arbitrator for Northern Railway–Atul Singh dispute under Section 11, with respondent's consent

The court appointed Mr. Abhinav Agrawal, Advocate, as Sole Arbitrator, with arbitration under DIAC rules and fees. All pleas, including arbitrability and jurisdiction, are left open to be decided by the arbitrator. The petition was disposed of.

Why it matters: Reiterates that a Section 11 court only examines the prima facie existence of an arbitration agreement, leaving other objections to the arbitrator.

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Court
Delhi High Court
Case number
ARB.P. - 1722/2026
Date of judgment
30 October 2026
Petitioner / Appellant
GENERAL MANAGER NORTHERN RAILWAY & ORS.
Respondent
MR ATUL SINGH
CNR
DLHC010460742026
Outcome
Disposed
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ARB.P. 1722/2026 Page 1 of 3

$~13

* IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010460742026 + ARB.P. 1722/2026 & I.A. 26589/2026 GENERAL MANAGER NORTHERN RAILWAY & ORS.

.....Petitioners

Through: Mr. Syed Abdul Haseeb,

Advocate.

versus

MR ATUL SINGH .....Respondent

Through: Mr. Anupam Dwivedi and Mr.

Ashutosh Kumar, Advocates.

CORAM:

HON'BLE MR. JUSTICE OM PRAKASH SHUKLA

JUDGMENT(ORAL)

% 30.10.2026

1. Mr. Anupam Dwivedi enters appearance on behalf of the Respondent and submits that he has no objection to the appointment of the Arbitrator.

2. 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 agreement1.

3. In the pres ent case, there is no dispute with regard to the existence of a valid arbitration clause between the parties.

1 SBI General Insurance Co. Ltd. v. Krish Spinning 2024 SCC OnLine SC 1754

ARB.P. 1722/2026 Page 2 of 3

4. Further, the parties are ad idem with respect to the reference of the disputes to arbitration. In the aforesaid circumstances , this Court finds no impediment in appointing a Sole Arbitrator.

5. Accordingly, Mr. Abhinav Agrawal, Advocate (Mob. No.

8889299671) 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.

6. 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.

7. The arbitrati on 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.

8. It shall be open to the parties to raise all pleas, incl uding objection as to arbitrability and jurisdiction, before the learned Sole Arbitrator who shall decide the same in accordance with law.

9. It is clarified that the observations made herein are only for the purpose of deciding the present petition under Se ction 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.

ARB.P. 1722/2026 Page 3 of 3

10. The Registry is directed to send a receipt of this order to Mr.

Abhinav Agrawal, learned Arbitrator through all permissible modes including email.

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

OM PRAKASH SHUKLA, J

OCTOBER 30, 2026/pa