M/S AMBIENCE DEVELOPERS AND INFRASTRUCTURE PVT. LTD. vs M/S ANON FOODS AND BEVERAGES PVT. LTD

Judgment text excerpt

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23.04.2026 + ARB.P. 236/2026 M/S AMBIENCE DEVELOPERS AND INFRASTRUCTURE PVT. LTD. .....Petitioner Through: Mr. Vaibhav Gupta, Advocate. versus M/S ANON FOODS AND BEVERAGES PVT. LTD .....Respondent Through: Mr. Sarfaraz Khan, Advocate. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) 1. The present Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 19961, seeking the appointment of a Sole Arbitrator to adjudicate the disputes inter se the parties arising out of the Agreement for Taking Possession for Fit Outs dated 20.08.20212 executed between the parties. 2. The relevant Clause being Clause 38 of the Agreement reads as under: “38. Any dispute or difference between the parties hereto concerning the construction, interpretation or application arising out of this Agreement or otherwise any issues concerning the Lease/License/Occupation/Use of the premises shall be referred to the sole arbitrator to be appointed by Ambience. Any decision of the arbitrator shall be final and binding on the parties.” 1 Act 2 Agreement Signature Not Verified Digitally Signed By:VARNIKA ARB.P. 236/2026 Page 1 of 7 Signing Date:28.04.2026 11:21:17 3. The material on record reflects that the statutory requirement under Section 21 of the Act stands duly complied with by issuance of Notice dated 01.08.2025 by the Petitioner. 4. Learned counsel appearing on behalf of the Respondent raises objection to the arbitration clause and contends that the same provides for a unilateral appointment and is therefore against the law. 5. This Court has considered the submissions made by learned counsel appearing on behalf of the parties and is of the view that it is a well settled position of