OYO HOTELS AND HOMES PVT. LTD. vs BHASKAR BIHARILAL DUBEY

Judgment text excerpt

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 14.05.2026 + ARB.P. 474/2026 OYO HOTELS AND HOMES PVT. LTD. .....Petitioner Through: Ms. Meenakshi Vimal, Advocate. versus BHASKAR BIHARILAL DUBEY .....Respondent Through: CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGMENT (ORAL) HARISH VAIDYANATHAN SHANKAR, J. 1. The present Petition has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 [“Act”] seeking the appointment of a Sole Arbitrator to adjudicate the disputes, arising out of the Management Service Agreement dated 10.06.2024 [“Agreement”], inter se the parties. 2. The Agreement contains a stipulation which contemplates adjudication of disputes, arising out of the Agreement, by way of Arbitration. The relevant stipulation is contained in Article 8.1 of the Agreement [“Arbitration clause”]. The same reads as follows: “8.1 Any dispute, claim or controversy arising out of or in connection with the Agreement or its performance, including the validity, interpretation or application thereof, shall to the extent Signature Not Verified Digitally Signed ARB.P. 474/2026 Page 1 of 8 By:HARVINDER KAUR BHATIA Signing Date:15.05.2026 16:33:39 possible be settled amicably within 60 (sixty) days by negotiation and discussion among the Parties. Failing which, Parties shall have the right to refer such matter to arbitral tribunal consisting of sole arbitrator in accordance with the Indian Arbitration and Conciliation Act, 1996. The provision of this clause shall survive expiry or termination of this Agreement. The arbitration proceedings shall be conducted in English language and seat of arbitration shall be New Delhi and the courts at New Delhi shall have exclusive jurisdiction in all matters arising out of this Agreement.” 3.