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CDJ 2026 DHC 686
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| Court : High Court of Delhi |
| Case No : O.M.P.(I) (COMM.). No. 418 of 2026 & I.A. No. 28126 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE OM PRAKASH SHUKLA |
| Parties : L & T Finance Limited Versus Prakash Chandra Bajpai & Others |
| Appearing Advocates : For the Petitioner: Jayant Mehta, Sr. Advocate, Udit Mendiratta, Durga Manda, Shivkrit Rai, Apeksha Singh, Prithvi Sinha, Manasvini Jain, Advocates. For the Respondents: R1 to R5, Bharat Arora, Vikhyat Oberoi, Akshata Satluri, R6 & R7, Manohar Malik, Praveen Sharma, Aryan Malik, Diwaker Vikram Singh, Devashish Bhaduria, Advocates. |
| Date of Judgment : 09-10-2026 |
| Head Note :- |
Arbitration and Conciliation Act, 1996 - Section 9 -
Comparative Citation:
2026 DHC 8968,
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Arbitration and Conciliation Act, 1996
- Section 9 of the Arbitration and Conciliation Act, 1996
- Section 17 of the Arbitration and Conciliation Act, 1996
- Delhi International Arbitration Centre (DIAC)
2. Catch Words:
- impleadment
- interim measures
- arbitration
- arbitrability
- maintainability
- jurisdiction
3. Summary:
- The applicant sought impleadment but counsel withdrew the application, leading to its dismissal as withdrawn.
- A separate petition under Section 9 of the Arbitration and Conciliation Act, 1996, was filed for interim measures.
- All parties consented to the appointment of a sole arbitrator, waiving contractual and procedural requirements of the Act.
- Hon’ble Mr. Justice Rajiv Sahai Endlaw was appointed as the sole arbitrator to adjudicate the disputes.
- The arbitration will be conducted under the rules of the Delhi International Arbitration Centre, with fees as per its schedule.
- The petition is treated as an application under Section 17 of the Act, to be decided by the arbitrator within stipulated timeframes, and the court’s observations are limited to this order.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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Judgment(Oral)
I.A. 26165/2026 (Impleadment)
1. The present application has been filed on behalf of the Applicant seeking impleadment.
2. At the outset, Mr. Devashish Bhaduria, learned Counsel appearing on behalf of the Applicant seeks leave to withdraw the present application.
3. Accordingly, the present application is dismissed as withdrawn.
O.M.P.(I) (COMM.) 418/2026
4. The present petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 ("Act" hereinafter) seeking interim measures.
5. Learned Counsel appearing on behalf of all the parties are ad idem that an Arbitrator can be appointed for adjudication of the disputes arisen between the parties.
6. Accordingly, all the parties by consent waive their contractual and formal procedure under the Act and agree to appointment of a Sole Arbitrator.
7. In view of the above, this Court finds no impediment in appointing an arbitrator.
8. Parties jointly propose and agree to appointment of Hon'ble Mr. Justice Rajiv Sahai Endlaw, Former Judge, Delhi High Court as Sole Arbitrator to adjudicate the disputes between the parties.
9. Accordingly, Hon'ble Mr. Justice Rajiv Sahai Endlaw, Former Judge, Delhi High Court (Mob. No.9717495002) is appointed as a learned Sole Arbitrator to adjudicate the disputes arisen between the parties. The learned Sole Arbitrator shall enter upon the reference within three weeks from today.
10. The arbitration shall be carried under the rules and aegis of Delhi International Arbitration Centre ("DIAC"). The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.
11. It shall be open to the parties to raise all pleas, including objection as to arbitrability, maintainability and jurisdiction, before the learned Sole Arbitrator who shall decide the same in accordance with law.
12. It is clarified that the observations made herein are only for the purpose of deciding the present petition. The learned Sole Arbitrator shall adjudicate the disputes with claims and counter claims independently and on their own merits, uninfluenced by any observations contained in the present order.
13. The Registry is directed to send a receipt of this order to Hon'ble Mr. Justice Rajiv Sahai Endlaw (Retd.), learned Sole Arbitrator through all permissible modes including email.
14. Accordingly, after constitution of the Arbitral Tribunal, the present petition filed under Section 9 of the Act shall stand treated as an application under Section 17 of the Act and the same shall be considered and decided by the learned Sole Arbitrator upon entering into the reference.
15. All the parties undertake that they will not take any unnecessary adjournment and the learned Sole Arbitrator is requested to decide the application under Section 17 within 30 days from the date of constitution of the Arbitral Tribunal.
16. The present petition is disposed of in the aforesaid terms. Pending application(s), if any, also stand disposed of.
17. Dasti.
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