SH RAJANI KANTA JENA vs SH ANIRUDHA JENA

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 15.05.2026 + ARB.P. 813/2026 SH RAJANI KANTA JENA .....Petitioner Through: Mr. Krishna Kumar Mishra, Advocate. versus SH ANIRUDHA JENA .....Respondent Through: Mr. B.K. Pandey and Ms. Pragati Kumari, Advocates. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGMENT (ORAL) 1. The present Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 [“Act”] seeking the appointment of a Sole Arbitrator in terms of Clause 12 of the Agreement of Sell dated 18.08.2018 [“Agreement”] for resolution of disputes inter se the parties. The said clause reads as under: “12. That in case of any dispute arises between the First party and the Second party pertaining to this Agreement or in respect of the aforesaid plot or in any manner directly or indirectly touching the same, the same will be referred to the sole Arbitrator whose decision shall be final and binding on all the parties and the provisions of the Arbitration Act shall apply in such circumstances.” 2. The material on record further indicates that the statutory requirement of invoking Arbitration under Section 21 of the Act stands fulfilled vide Notice dated 02.04.2025. 3. Learned counsel appearing for the Respondent raises certain Signature Not Verified Digitally Signed ARB.P. 813/2026 Page 1 of 7 By:HARVINDER KAUR BHATIA Signing Date:16.05.2026 13:38:26 preliminary objections regarding the disputes as raised herein being referred to Arbitration. He objects to the referral on the ground that there are no outstanding amounts due by the Respondent, and therefore, no cause of action exists. He further submits that the said claims, as sought to be raised, are barred by limitation and therefore the relief as sought for, should