RIYA GUPTA vs NNINJAS MODEL MANAGEMENT PVT. LTD. & ORS.

Judgment text excerpt

$~O-8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1096/2025 Date of Decision: 18.09.2025 IN THE MATTER OF: RIYA GUPTA .....Petitioner Through: Mr. Sachin Sharma, Adv. versus NNINJAS MODEL MANAGEMENT PVT. LTD. & ORS. .....Respondents Through: Mr. Rubal Sharma and Mr. Puneet Kumar, Advs. CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (the Act) seeking appointment of an Arbitrator, to adjudicate upon the disputes that have arisen between the parties. 2. The facts of the case indicates that the Commercial Suit CS(COMM.) No.260/2024 was filed by the petitioner against the respondents and during the pendency of the said proceedings an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 came to be filed by the respondents herein who contend that as per Clause 8 (d) of the contract dated 15.12.2021 entered into between the parties, any dispute arising out out of Signature Not Verified Signature Not Verified Signed By:AMIT KUMAR Signed SHARMA Signing Date:26.09.2025 By:PURUSHAINDRA 11:11:16 KUMAR KAURAV remuneration/ legal damages, etc shall be referred to the arbitrator. Therefore, the petitioner has filed the instant application for appointment of the Arbitrator. 3. Learned counsel appearing for the respondents, on the other hand, contends that when an application under Section 8 of the Act was filed, the petitioner itself has taken the stand that there exists no valid agreement. He, therefore, claims that under these circumstances, the same agreement can be the basis for appointment of the arbitrator. 4. I have considered the submissions made by learned counsel appearing for the parties and have per