TOYOTA MATERIAL HANDELING INDIA PVT LTD vs CRYSTAL SEA FOODS

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : 15.04.2026 + ARB.P. 169/2026 TOYOTA MATERIAL HANDELING INDIA PVT LTD .....Petitioner Through: Mr. Kustubh Singh and Mr. Hardik Rastogi, Advocates. versus CRYSTAL SEA FOODS .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) HARISH VAIDYANATHAN SHANKAR, J. 1. The present Petition, under Section 11(5) of the Arbitration and Conciliation Act, 19961, seeks the appointment of a Sole Arbitrator to adjudicate the disputes inter se the parties arising out of the Rental Offer dated 04.08.20232, which came to be accepted by the Respondent by issuing a purchase order dated 11.08.2023. The Arbitration Clause, being Clause 15 of the Agreement, reads as follows: “15. Any dispute or difference arising out of this contract which cannot be amicably settled by the parties shall be settled through the Arbitration and Conciliation Act, 1996. New Delhi shall be the venue of Arbitration. The courts of New Delhi shall have the judicial jurisdiction.” 2. The material on record indicates that the notice under Section 1 Act 2 Agreement Signature Not Verified Digitally Signed ARB.P. 169/2026 Page 1 of 7 By:VARNIKA Signing Date:17.04.2026 10:57:31 21 of the Act came to be issued on 20.11.2025; however, no reply was forthcoming to the said notice. 3. The record also indicates that the Respondent stands duly served and this is the second date since the issuance of notice that the Respondent has not entered appearance. 4. This Court is of the view that there has been repeated absence on the part of the Respondent to participate in the proceedings. In view thereof, this Court deems it appropriate that since the Respondent stands duly served and has chosen not to participate in the pres