SH. LAJPAT BATRA vs M/S E-PACK POLYMERS PVT. LTD. UNIT-II THROUGH ITS DIRECTOR & ANR.

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 09.04.2026 + ARB.P. 31/2026 SH. LAJPAT BATRA .....Petitioner Through: Mr. Arun Bhattacharya, Advocate. versus M/S E-PACK POLYMERS PVT. LTD. UNIT-II THROUGH ITS DIRECTOR & ANR. .....Respondents 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, 19961, seeking the constitution of an Arbitral Tribunal to adjudicate upon the disputes inter se the parties arising out of the Contract dated 06.09.20242. 2. Clause 10 of the Contract provides for the adjudication of disputes arising between the parties by way of Arbitration. Clause 10 of the Contract reads as follows: “10. Arbitration: In the event of any dispute or difference between the parties arising howsoever from this contract, the same shall, unless amicably settled, be referred to two arbitrators, one to be appointed by each party. The two arbitrators shall, before entering upon the reference appoint an umpire. The decision of the two arbitrator’s o the umpires shall be final and binding between the parties. The 1 Act 2 Contract Signature Not Verified Digitally Signed By:NEERU ARB.P. 31/2026 Signing Date:10.04.2026 Page 1 of 8 17:03:06 arbitration proceedings shall take place in Delhi. There is an arrangement for arbitration within the meaning of Indian Arbitration Act 1940 including any statutory re-enactment or modification thereof.” 3. It is a matter of record that the Petitioner invoked the said Arbitration clause vide Legal Notice dated 16.09.2025, in terms of Section 21 of the Act. 4. As per the record, Respondent No. 1 is a company, and Respondent No. 2 is a Director of Respondent No. 1. 5. A perusal of the record r