SAKARNI PLASTER INDIA (P) LTD v. CLASSIC GYPSUM INDUSTRIES PVT LTD

ARB.P. 1526/2026 Page 1 of 5

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* IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010400342026 + ARB.P. 1526/2026 SAKARNI PLASTER INDIA (P) LTD .....Petitioner Through: Mr. Rohit Sharma, Mr. Jatin Lalwani, Mr. Nikhil Purohit and Mr. Taj Mohammad, Advs.

versus

CLASSIC GYPSUM INDUSTRIES PVT LTD .....Respondent Through: None.

CORAM:

HON'BLE MR. JUSTICE OM PRAKASH SHUKLA

JUDGMENT(ORAL)

% 16.10.2026

1. The present petition has been filed under Section 11 of the Arbitration and Conciliation A ct, 1996 1 seeking appointment of an Arbitrator for the resolution of disputes arising out of Agreement dated 28.03.2025 executed between the parties herein.

2. The Petitioner is aggrieved by the alleged default in payment and non-compliance of contractual obligations by the Respondent.

3. It is borne from the affidavit of service filed by the Petitioner that service is sufficient. The tracking report of the speed post to this effect is as follows:

1 “Act” hereinafter

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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, arbitration agreement is contained in Clause 11 of the Agreement dated 28.03.2025 which reads as under:

11. Governing Law

& Notice

This Agreement shall be governed

under Indian laws, and Parties agree

to the exclusive jurisdiction of New

Delhi Courts in case of any dispute

arising out of or in relation to this

Agreement.

Any dispute of difference what soever

arising between the parties out of or

relating to this Agreement or

construction, meaning, scope,

implementation, operation or effect of

this Agreement or the validity or the

breach thereof, which has not been

resolved within 30 days of notice to

the other Party, then the same shall be

referred to Arbitration under

Arbitration & Conciliation Act, 1996,

and any amendment thereof to the sole

Arbitrator mutually appointed by the

Parties, failing which the sole

arbitrator shall be appointed in

accordance with the Arbitration &

Conciliation Act. The language of

Arbitration shall be English, and the

seat and place of Arbitration shall be

New Delhi. The award of the

Arbitrator shall be binding upon the

Parties thereto and the Parties further

undertake to bea r: (i) equally the

costs, fees and other expenses of the

Arbitration; and (ii) its own lawyers'

fees and other related charges in

relation to the Arbitration.”

ARB.P. 1526/2026 Page 4 of 5

6. Therefore, this Court is of the view that prima facie a valid arbitration agreement exists between the parties.

7. In the aforesaid circumstances, this Court finds no impediment in appointing a Sole Arbitrator.

8. Accordingly, Hon’ble Mr. Justice Rajesh Bindal, Former Judge, Supreme Court of India (Mob. No. 7347025001) 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.

9. The learned Sole Arbitrator will proceed to the arbitration proceedings subject to furnishing requi site disclosures as required under Section 12(2) of the Act within three 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 t o fees as per the Schedule of Fees maintained by the DIAC.

11. 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 ac cordance with law.

12. It is clarified that the observations made herein are only for the

ARB.P. 1526/2026 Page 5 of 5

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.

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

Rajesh Bindal, learned Arbitrator through all permissible modes including email.

14. Accordingly, the present petition is dispos ed of in the above terms.

OM PRAKASH SHUKLA, J

OCTOBER 16, 2026/gunn