OM PRAKASH CHAURASIA & ANR. vs ESHA MAKIN

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : 19.03.2026 + ARB.P. 919/2025 OM PRAKASH CHAURASIA & ANR. .....Petitioners Through: Mr. Onkar Nath, Advocate. versus ESHA MAKIN .....Respondent Through: 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 appointment of a Sole Arbitrator in terms of Lease Deed Agreement dated 25.01.20212 to adjudicate the disputes inter se the parties. 2. The material on record indicates that the Arbitration Clause is set out at Clause 49 in the Agreement and the same is reproduced hereunder: “49. That in case of any dispute or difference arising out of or in relation to this Lease Deed and the Parties fail to amicably resolve the same, then the same shall be resolved and settled with the provision of the Arbitration & Conciliation Act, 1996 or any statutory modification or re-enactments thereof and the Sole Arbitrator shall be appointed mutually by Lessor and the Lessee. 1 Act 2 Agreement Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA Signing Date:20.03.2026 ARB.P. 919/2025 Page 1 of 8 16:21:41 The place of Arbitration venue and seed shall be at New Delhi and the proceedings shall be conducted in the English language only.” 3. The learned counsel appearing on behalf of the Petitioner draws the attention of this Court to the Section 21 notice dated 31.03.2025, as well as the Reply thereto dated 24.04.2025 issued by the Respondent through its counsel. 4. On the previous dates, this Court had directed the Petitioner for issuance of fresh notice to the Respondent, as service had not been effected. However, it is noted that the address as reflected in th