OYO HOTELS AND HOMES PVT. LTD. vs SHRI AMIT SAMANTA

Judgment text excerpt

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 13.05.2026 + FAO (COMM) 242/2023 CM APPL. 61277/2023 OYO HOTELS AND HOMES PVT. LTD. .....Appellant Through: Mr. Nikilesh Ramachandran, Mr. Sagar Kumar Pradhan, Mr. Diptiman Aacharya, Mr. Samarth Mehrotra and Mr. Kartik Yadav, Advocates versus SHRI AMIT SAMANTA .....Respondent Through: Mr. Neil Wadia, Mr. Narayan Wadia, Ms. Jyoti Saini, Ms. Tanvi Munjal and Mr. Piyush Wadia, Advocates CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL) 1. This appeal challenges the order dated 10.10.2023 by the learned District Judge (Commercial Court)-02, Dwarka Courts, New Delhi, whereby the application filed by the appellant herein under Section 8 of the Arbitration and Conciliation Act, 1996 (‘Act of 1996’) seeking reference of the dispute to arbitration was dismissed. 2. It is not in dispute that pursuant to the summons received by the appellant herein, the appellant had filed written statement to which, Signature Not Verified FAO (COMM) 242/2023 Page 1 of 7 Signed By:MAHIMA SHARMA Signing Date:19.05.2026 10:50 replication was also filed by the respondent herein. 3. The learned District Judge noted that the appellant had in the written statement referred to the provisions of the agreement executed between the appellant and the respondent; but without stating the fact that the agreement contains an arbitration clause. 4. In the impugned order, the learned District Judge referring to the judgment of the Supreme Court in Sukanya Holdings Pvt. Ltd vs Jayesh H. Pandya & Anr. AIR 2003 SC 2252 and also the judgment of this Court in the case of Mi2C Security Facilities Pvt Ltd vs North Delhi Municipal Corporation, W.P.(C) 8197/2017, observed that if a party has