M/S JUBILANT MARKETING PVT LTD vs M/S ROBBINS TUNNELING AND TRENCHLESS TECHNOLOGY INDIA PVT LTD

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 18th March, 2026 Pronounced on: 09th April, 2026 + ARB.P. 2129/2025 M/S JUBILANT MARKETING PVT. LTD. .....Petitioner Through: Ms. Sonal Sarda, Ms. Sunidhi Gupta, Ms. Jayantika Singh, Advocates Mob: 8447078202 Email: [email protected] versus M/S ROBBINS TUNNELING AND TRENCHLESS TECHNOLOGY INDIA PVT. LTD. .....Respondent Through: Mr. Utsav Saxena and Mr. Kartikey Singh, Advocate Mob: 9597753146 Email: [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA JUDGMENT MINI PUSHKARNA, J. INTRODUCTION: 1. The present petition has been filed under Section 11(6)(c) of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), read with Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006 (“MSMED Act”), seeking appointment of a sole arbitrator for the adjudication of the disputes between the parties, with respect to non- payment of outstanding dues by the respondent. Signature Not Verified Digitally Signed ARB.P. 2129/2025 Page 1 of 29 By:HARIOM SHARMA Signing Date:09.04.2026 17:58:21 Brief Facts of the Case: 2. Relevant facts, as culled out from the pleadings on record, are as follows: 2.1. The petitioner, i.e., M/s. Jubilant Marketing Pvt. Ltd., is registered as a small enterprise with the Ministry of Micro, Small and Medium Enterprises (“MSME”), Government of India, under the MSMED Act. 2.2. The petitioner, in January, 2018, commenced business with the respondent for supply of conveyor structures, wherein, pursuant to work orders issued by the respondent, the petitioner would supply goods as requested, and raise invoices accordingly, to the respondent. 2.3. On 06th June, 2023, the respondent made a payment of Rs. 8 Lacs, after which no payment has been received by the peti