M/S ELAN FASHION vs M/S VINAYAK EMBROIDERY

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : 24.04.2026 ARB.P. 1676/2025 M/S ELAN FASHION .....Petitioner Through: Mr. Milind Garg and Ms. Yashna Ahuja, Advocates. versus M/S VINAYAK EMBROIDERY .....Respondent Through: None. 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, 1996 [“Act”], seeking appointment of a Sole Arbitrator for adjudication of disputes inter se the parties arising out of the Tax Invoice No. 23-24/EL/669 dated 19.12.2023 and Tax Invoice No. 23-24/EL/680 dated 28.12.2023 [“Tax Invoices”]. 2. The Tax Invoices contains a Declaration, which contemplates adjudication of disputes, arising with regard to default in payment of the outstanding amount as per the Tax Invoice, by way of Arbitration. The relevant stipulation is contained as Clause 1 of the Declaration in the Tax Invoices [“Arbitration clause”]. The same reads as follows: - “Declaration 1. in case the payment is not made within 30 days, interest @ 18% per annum shall be charged and in case of further(sic) default, the matter shall be referred to arbitration within delhi.” 3