VASU CHEMICALS LLP vs GAIL (INDIA) LIMITED

Judgment text excerpt

$~O-23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1683/2025 Date of Decision: 07.11.2025 IN THE MATTER OF: VASU CHEMICALS LLP .....Petitioner Through: Mr. Anuj P. Agarwal & Mr. Mallika Luthra, Advs. versus GAIL (INDIA) LIMITED .....Respondent Through: Mr. Divyam Nandrajog & Mr. Dhruv Kaushik, Advs. CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) The present petition is filed seeking appointment of arbitrator with respect to dispute which is stated to have arisen out of clause 6 of the general terms and conditions of the contract under the letter of acceptance dated 02.01.2019, executed between the petitioner and the respondent. 2. Admittedly, there exists clause 6 in the said general terms and conditions, the relevant extract of which is reproduced as under. ―6.2.1 If the issues/disputes which cannot be resolved through dispute resolution mechanism pursuant to clause no. 6.1, all disputes such shall be referred to arbitration by Sole Arbitrator. The Employer shall suggest a panel of three independent and distinguished persons to the /Service Provider to select any one among them to act as the Sole Arbitrator. In the event of failure of the other parties to select the Sole Arbitrator within 30 Signature Not Verified Signature Not Verified Signed By:PRIYA Signed Signing Date:19.11.2025 By:PURUSHAINDRA 12:09:57 KUMAR KAURAV days from the receipt of the communication suggesting the panel of arbitrators, the right of selection of the sole arbitrator by the other party shall stand forfeited and the Employer shall have discretion to proceed with the appointment of the Sole Arbitrator. The decision of Employer on the appointment of the sole arbitrator shall be final and binding on the parties. The award of sole arbitra