M/S. EMGREEN IMPEX LIMITED vs M/S. OHM PIPES PRIVATE LIMITED

Judgment text excerpt

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 02nd May, 2025 + CM(M) 3538/2024 & CM APPL. 58405/2024 & CM APPL. 58407/2024 M/S. EMGREEN IMPEX LIMITED .....Petitioner Through: Mr. Avneesh Arputham with Mr. Ankit Sharma, Advocates. versus M/S. OHM PIPES PRIVATE LIMITED .....Respondent Through: Mr. Abhay Kaushik with Mr. Sachin Jain and Ms. Himani Babbar, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner herein had filed a suit which is commercial in nature. 2. The defendant, after getting summons in the abovesaid suit, instead of proceeding further, filed an application under Section 8 of Arbitration and Conciliation Act, 1996. 3. Such application has been allowed by the learned Trial Court vide order dated 08.02.2024. 4. Such order is impugned herein. 5. Learned counsel for the petitioner submits that without prejudice to its rights, it does not challenge the abovesaid order with respect to appointment of Arbitrator, though, there is no validly executed Arbitration Agreement. 6. Notice was also issued to the opposite side for the limited purpose of appointment of an Arbitrator, with mutual consent. 7. Learned counsel for respondent/defendant appears pursuant to such notice and submits that, though, the dispute was, rightly, referred by the Signature Not Verified Digitally Signed CM(M) 3538/2024 1 By:SONIA THAPLIYAL Signing Date:03.05.2025 15:12:28 learned Trial Court under Section 8 of Arbitration and Conciliation Act, 1996, there is no requirement of appointing any Arbitrator, as the claim has already become time-barred. He submits that such contention can always be looked into by this Court before making any formal order regarding appointment of Arbitrator. 8. Apparently, there is no consensus with respect to app