MS. MIRA DEVI AND ANR vs NINE O NINE STRUCTURES PVT LTD

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : 13.04.2026 + ARB.P. 2072/2025 MS. MIRA DEVI AND ANR .....Petitioners Through: Mr. Sandeep Gaur, Advocate. versus NINE O NINE STRUCTURES PVT LTD .....Respondent Through: Ms. Swati Singh, Advocate. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) HARISH VAIDYANATHAN SHANKAR, J. 1. The present Petition, filed under Section 11(6) of the Arbitration and Conciliation Act, 19961, seeks the appointment of an Arbitrator for the purpose of resolution of disputes inter se the parties arising out of an Agreement to Sell dated 10.08.20212, which contains an unnumbered arbitration clause. 2. The Dispute Resolution clause as set out in the said Agreement reads as under: “That in case of any dispute the arising or connected with the present agreement, the same shall be referred to a sole arbitrator appointed with mutual consent or by any arbitrator appointed by the competent court of jurisdiction. The place of arbitration shall be Delhi. The Hon’ble Court of Delhi shall have exclusive jurisdiction to try and adjudicate any dispute by and between the parties to this agreement.” 3. The material on record indicates that the Petitioner herein 1 Act Signature Not Verified Digitally Signed By:VARNIKA ARB.P. 2072/2025 Signing Date:15.04.2026 Page 1 of 7 15:59:32 invoked arbitration in terms of Section 21 of the Act vide legal notice dated 26.08.2025. 4. Ms. Swati Singh, learned counsel appearing on behalf of the Respondent, opposes the present Petition and objects to the appointment of a Sole Arbitrator. She submits that the Petitioners are impermissibly seeking to conflate issues arising under a separate and distinct agreement with the present Agreement, and that such an exercise is untenable in law. 5.