M/S WINSOME BREWERIES LIMITED vs M/S BHORUKA POWER CORPORATION LTD

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 09.04.2026 + ARB.P. 2057/2025 M/S WINSOME BREWERIES LIMITED .....Petitioner Through: Mr. Manish Srivastava and Mr. Hardik Vashisht, Advocates. versus M/S BHORUKA POWER CORPORATION LTD .....Respondent Through: Mr. Satyajit Sarna and Mr. Aman Goyal, Advocates. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) 1. The present Petition has been filed under Sections 11(5) & (6) of the Arbitration and Conciliation Act, 19961, seeking the appointment of an Arbitrator to adjudicate the disputes inter se the parties arising out of three Inter-Corporate Deposit Agreements dated 25.10.2016, 22.02.2017 and 10.08.20172 executed between the parties. 2. Clause 7 of the ICDs contains the dispute resolution clause, which stipulates for resolution of disputes between the parties thereto by way of Arbitration. The said clause reads as under: “7. Disputes, if any, shall be decided by an Arbitrator to be appointed by you. Jurisdiction of Courts/ Venue of Arbitration 1 Act 2 ICDs Signature Not Verified Digitally Signed By:NEERU ARB.P. 2057/2025 Signing Date:10.04.2026 Page 1 of 9 16:49:19 shall be New Delhi only.” 3. The material on record indicates that the statutory requirement under Section 21 of the Act for invocation the aforestated Arbitration clause stands duly complied with vide Legal Notice dated 04.04.2025 issued by the Petitioner. 4. Learned counsel appearing on behalf of the Respondent submits that the disputes between the parties stand fully settled and that nothing survives for adjudication. He draws the attention of this Court to the Order dated 06.02.2025 passed by the learned Co-ordinate Bench of this Court, wherein it is recorded that the amounts in respect of which an earlier Order dated