Delhi High Court
ARB.P./1534/2026 of VARUN SHARMA Vs PAWAN SAINI on 1 September 2026
Page 1 of 3 $~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010403202026 + ARB.P. 1534/2026 VARUN SHARMA .....Petitioner Through: Mr. Shashank Sharma and Ms. Aarushi Bansal, Advocates versus PAWAN SAINI .....Respondent Through: Ms. Saroj Nahar and Ms. Monika Nahar, Advocates CORAM:
ARB.P. 1534/2026
$~65
*
IN THE HIGH COURT OF DELHI AT NEW DELHI
CNR No. DLHC010403202026
+
ARB.P. 1534/2026
VARUN SHARMA
.....Petitioner
Through:
Mr. Shashank Sharma and Ms.
Aarushi Bansal, Advocates
versus
PAWAN SAINI
.....Respondent
Through:
Ms. Saroj Nahar and Ms. Monika
Nahar, Advocates
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
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O R D E R
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01.09.2026 I.A. 23472/2026 (Exemption) Allowed, subject to all just exceptions. ARB.P. 1534/2026
1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 by the Petitioner seeking appointment of an Arbitrator to adjudicate upon the disputes between the parties under a Memorandum of Understanding dated 08.08.2023 (hereinafter referred to as “MoU”) executed between the Petitioner and the Respondent for the purposes of investing in the project awarded by the HPMC to the Respondent.
2. It is stated that disputes have arisen between the Parties on the ground that the Respondent has not adhered to the terms of the MoU.
ARB.P. 1534/2026
3. Clause F of the MoU contains an arbitration clause by which the Parties have decided to get their disputes adjudicated through arbitration.
4. It is stated that since the Respondent failed to honour their commitments under the MoU, a notice under Section 21 of the Arbitration and Conciliation Act, 1996 invoking arbitration was sent to the Respondent on 04.07.2026. Since no response has been received from the Respondent, the Petitioner has approached this Court by filing the present petition seeking the appointment of an Arbitrator.
5. Learned Counsel for the Respondent has entered appearance on behalf of the Respondent on advance notice.
6. In view of the fact that disputes have arisen between the Parties and the MoU contains an arbitration clause, this Court is inclined to appoint an Arbitrator to adjudicate upon the disputes between the parties.
7. Accordingly, Ms. Varuna Bhandari Gugnani, Advocate (Mob: 9810400605) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties.
8. 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.
9. The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the Act within two weeks of entering on reference.
10. 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.
11. Needless to say, nothing in this Order shall be construed as an
ARB.P. 1534/2026
expression of this Court on the merits of the contentions of the parties.
12. The Petition stands disposed of in the above terms, along with pending application(s), if any. SUBRAMONIUM PRASAD, J SEPTEMBER 01, 2026 S. Zakir