AKASH ARORA vs KAMLESH DEVI SHARMA

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:16.02.2026 + ARB.P. 45/2026 AKASH ARORA .....Petitioner Through: Mr. Ashok Kumar Singh, Ms. Aanchal Bindal & Mr. Deepak Kumar, Advocates. versus KAMLESH DEVI SHARMA .....Respondent Through: Mr. Rajesh Ranjan, Advocate. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) HARISH VAIDYANATHAN SHANKAR, J. 1. The present Petition, filed under Section 11(5) of the Arbitration and Conciliation Act, 19961, seeks appointment of an Arbitrator for the purpose of resolution of disputes that are stated to have arisen inter se the parties arising out of the Agreement dated 15.05.2012, which was renewed every year on 17.05.2013, 20.05.2014 and 01.06.2015, and which was valid till 31.05.2016, after which the said Agreement was not renewed between the parties. 2. The present Petition has come to be filed as a result of the Petitioner withdrawing the Civil Suit being CS (COMM.) 286/2022 titled “Grand Chemical Works v. P.R. Enterprises”2 vide Order 1 Act 2 Civil Suit Signature Not Verified Digitally Signed By:HARVINDER KAUR ARB.P. 45/2026 Page 1 of 10 BHATIA Signing Date:18.02.2026 15:28:57 dated 06.09.2025, passed by the learned District Judge (Commercial Court) – 05, West District, Tis Hazari Courts, Delhi3. The said Civil suit was filed by the Petitioner for the recovery of Rs. 5,02,937/- (Rupees Five Lakh Two Thousand Nine thirty seven only) along with pendente lite and future interest @ 24% p.a. 3. The recovery of the said amount is contended to be the subject matter in respect of which disputes have arisen and as a result thereof, the present Petition has been preferred. 4. Admittedly, the Respondent chose to raise a jurisdictional objection as to the maintainability of the said Civil Suit before th