M/S OYO HOTELS AND HOMES PRIVATE LTD & ANR. vs M/S ASHIANA MANUFACTURING INDIA LTD

Judgment text excerpt

$~37 & 38 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 17.10.2025 + O.M.P. (COMM) 414/2024 & I.A. 40232/2024 M/S OYO HOTELS AND HOMES PRIVATE LTD & ANR. .....Petitioner Through: versus M/S ASHIANA MANUFACTURING INDIA LTD .....Respondent Through: Mr. Mayank Wadhwa, Ms. Muskan Gupta, Advs. 38 + O.M.P. (COMM) 75/2025 & I.A. 3338/2025, I.A. 5935/2025 ASHIANA MANUFACTURING INDIA LTD .....Petitioner Through: Mr. Mayank Wadhwa, Ms. Muskan Gupta, Advs. versus OYO HOTELS AND HOMES PRIVATE LTD .....Respondent Through: CORAM: HON'BLE MR. JUSTICE JASMEET SINGH : JASMEET SINGH, J (ORAL) 1. These are petitions filed under Section 34 of the Arbitration and Conciliation Act, 1997 seeking to set aside the arbitral Award dated 14.06.2024 passed by the Sole Arbitrator. Digitally Signed O.M.P. (COMM) 414/2024 & O.M.P. (COMM) 75/2025 Page 1 of 4 By:MAYANK Signing Date:23.10.2025 17:42:40 2. Both the parties have challenged the Award and state that they are amenable to having the Award set aside. They are also agreeable that the matter be remanded to a fresh arbitrator. 3. The Hon’ble Supreme Court in Mutha Construction v. Strategic Brand Solutions (I) Pvt. Ltd., SPL (C) No. 1105/2022 vide Order dated 04.02.2022, observed as under:- "2. The dispute arose between the parties. Both the parties were in arbitration before the learned Sole Arbitrator, a retired Judge of the Bombay High Court. The learned Arbitrator passed an award dated 17.01.2018. Being aggrieved by the award, the petitioner preferred the Commercial Arbitration Petition No.511 of 2018 under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act'). By Order dated 30.04.2019, the learned Single Judge by consent set aside the award and remanded the matter to the learned Sole Arb