NUFLOWER FOODS AND NUTRITION PRIVATE LIMITED vs KAMDHENU FOODS PRIVATE LIMITED & ANR.

Judgment text excerpt

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 10.02.2026 + ARB.P. 2124/2025 NUFLOWER FOODS AND NUTRITION PRIVATE LIMITED .....Petitioner Through: Mr. Anuj Berry, Ms. Gauri Pasricha and Ms. Jayati Sinha Advocates. versus KAMDHENU FOODS PRIVATE LIMITED & ANR. .....Respondents Through: Mr. Govind Rishi, Advocate for R-1. Ms. Aparna Singh, Advocate for R-2. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) HARISH VAIDYANATHAN SHANKAR, J. 1. The present Petition, under Section 11(6) of the Arbitration and Conciliation Act, 19961, has been filed seeking the appointment of a Sole Arbitrator for the purpose of adjudication of disputes inter se the parties, in terms of Clause 16, sub-clause 4 of the Terms and Conditions of the Purchase Order being NFN/PO/2023-2024/0815 dated 23.09.20232 issued by Nuflower Foods and Nutrition Private Limited3 in favour of Kamdhenu Foods Private Limited4. 2. Sub-clause 4 of Clause 16 of the Purchase Order, which is 1 The Act 2 Purchase Order 3 Petitioner 4 Respondent No. 1 Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA ARB.P. 2124/2025 Page 1 of 6 Signing Date:14.02.2026 13:55:33 stated to be the Arbitration clause, reads as follows: “4. Arbitration Any dispute arising out of or in connection with this PO shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act,1996. The arbitration proceedings shall be conducted in English in New Delhi by the sole arbitrator appointed by the Buyer. The cost of arbitration shall be shared equally between the parties unless decided otherwise by the arbitrator.” 3. Mr. Govind Rishi, learned counsel for the Respondent No. 1 has no objection to the matter being referred to the learned Arbitrator. However, he contends that the g