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

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 3. The material on record indicates that the statutory requirement under Section 21 of the Act for invocation the aforestated Arbitration clause sta