ARB.P./1615/2026 of M/S ASIAN PROPACK Vs INDIAN OIL CORPORATION & ORS. on 10 September 2026

O R D E R

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10.09.2026

1. The present Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as “the Act”) seeking appointment of an Arbitrator to adjudicate upon the disputes which have arisen between the parties under a Tender dated 22.11.2023 (hereinafter referred to as “Tender”).

2. The facts of the present case as stated in the Petition reveal that the Petitioner was awarded the tender bearing No. PC- M/T/POLYMER/PANIPAT (Below Utility)/2023-2024 by issuing a Letter of Intent on 08.01.2024 by the Respondent No. 1 for uplifting of various polymer waste materials.

3. It is stated that the Petitioner fulfilled all the obligations, however, the

Respondent No.1 failed to provide mandatory monthly intimation of material availability, offer tendered quantities and issued false default notices.

4. It is stated by the learned Counsel for the Petitioner that the Respondents have failed to comply with the obligations made under the Tender and therefore, disputes arose between the parties regarding clearing of EMD by the Respondent.

5. Clause 14 of the Tender contains an arbitration clause, by which the parties have agreed to get their disputes adjudicated through arbitration. Perusal of the said Clause 14 stipulates that the seat of the arbitration shall be Delhi. As such, this Court has jurisdiction to decide the present Petition.

6. Material on record further indicates that a Notice dated 07.03.2026 for invoking the arbitration clause under Section 21 of the Act was sent by the Petitioner, which has not been replied to by the Respondents. The Petitioner has, therefore, approached this Court seeking appointment of an Arbitrator to adjudicate upon the disputes having arisen under the Agreement.

7. Issue notice.

8. Mr. Amit Meharia, learned Counsel, accepts notice on behalf of the Respondents.

9. In view of the fact that disputes have arisen between the parties and there is an arbitration clause, this Court is inclined to appoint an Arbitrator to adjudicate upon the disputes between the parties.

10. Accordingly, Ms./Mr. Radhika Biswajit Dubey, Advocate (Mob: 9810982979) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties.

11. The arbitration would take place under the aegis of the Delhi

International Arbitration Centre (DIAC) and would abide by its rules and regulations. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.

12. The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the Act within two weeks of entering the reference.

13. All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law.

14. Needless to say, nothing in this Order shall be construed as an expression on the merits.

15. The present Petition stands disposed of in the above terms along with pending Application(s), if any. SUBRAMONIUM PRASAD, J SEPTEMBER 10, 2026 Prateek