ARB.P./1548/2026 of NAMAN AGARWAL (PROPRIETOR OF MS RADHE RADHE) Vs M/S FERNS N PETALS PVT LTD & ANR. on 30 September 2026

1. Mr. Sandeep Bisht, learned Counsel appearing on behalf of the Respondents submits that he has no dispute with regard to the arbitration agreement between the parties.

2. It is well settled that while exercising jurisdiction under Section 11 of the Arbitration and Conciliation Act of 19961, the scope of enquiry is confined to examining the prima facie existence of an arbitration agreement.

3. In the present case, the arbitration agreement is contained in four composite agreements dated 20.08.2025 inter se the parties herein, as follows:

1 “Act” hereinafter

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“Contract Manufacturing Agreement

18.2. The arbitral tribunal shall consist of 1 (one) arbitrator, who is to be agreed upon by the Parties within 10 (ten) days of the Arbitration Notice. If the Parties fail to agree on the arbitrator

18.3

on the Parties. 18.4 The place of Arbitration shall be New Delhi and the language of arbitration shall be English. 18.5 Subject to arbitration as set out hereinabove, the courts at New Delhi shall have exclusive jurisdiction.”

Channel Partner Agreement

11.2. The arbitral tribunal shall consist of 1 (one) arbitrator, who is to be agreed upon by the Parties within 10 (ten) days of the Arbitration Notice. lf the Parties fail to agree on the arbitrator

11.3

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on the Parties.

11.4 The place of Arbitration shall be New Delhi and the language of arbitration shall be English.

11.5 Subject to arbitration as set out hereinabove, the courts at New Delhi shall have exclusive jurisdiction.”

Trademark and Know How License Agreement

14.2. The arbitral tribunal shall consist of 1 (one) arbitrator, who is to be agreed upon by the Parties within 10 (ten) days of the Arbitration Notice. If the Parties fail to agree on the arbitrator

14.3

on the Parties.

14.4 The arbitration proceedings shall be held in New Delhi, India. The award of the arbitrator shall be final and binding on the parties. The law governing the arbitration proceedings shall be the laws of India. The language of arbitration shall be English.”

4. In the aforesaid circumstances, this Court finds no impediment in appointing a Sole Arbitrator.

5. Accordingly, Mr. Sagar Saxena, Advocate, (Mob. No. 9871156571) is appointed as a learned Sole Arbitrator to adjudicate the disputes arisen between the parties. The learned Sole Arbitrator

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shall enter upon the reference within three weeks from today.

6. The learned Sole Arbitrator will proceed to the arbitration proceedings subject to furnishing requisite disclosures as required under Section 12(2) of the Act within six weeks of entering reference.

7. 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.

8. It shall be open to the parties to raise all pleas, including inter alia objections as to arbitrability, limitation and jurisdiction, before the learned Sole Arbitrator who shall decide the same in accordance with law.

9. It is clarified that the observations made herein are only for the purpose of deciding the present petition under Section 11(6) of the Act. 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.

10. The Registry is directed to send a receipt of this order to Mr. Sagar Saxena, learned Arbitrator through all permissible modes including email.

11. Accordingly, the present petition is disposed of in the above

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terms. Pending applications, if any, stands disposed of.

OM PRAKASH SHUKLA, J SEPTEMBER 30, 2026/at

Signed By:PRAGYA ARORA