RAKESH KUMAR BURREJA v. SS ENTERPRISES & ANR.

ARB.P. 1141/2026 Page 1 of 7

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* IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010301982026 + ARB.P. 1141/2026 RAKESH KUMAR BURREJA .....Petitioner Through: Mr. Vijay singh and Mr . Shubh Goyal, Advs.

versus

SS ENTERPRISES & ANR. .....Respondents Through: None.

CORAM:

HON'BLE MR. JUSTICE OM PRAKASH SHUKLA

JUDGMENT(ORAL)

% 30.10.2026

1. Service upon the Respondents is deemed sufficient in view of the affidavit of service, which records that substituted service was effected upon them by way of newspaper publication, in terms of the directions issued by this Court under Order V Rule 20 of the Code of Civil Procedure, 1908. The publication also notified the Respondents to appear before this Court, failing which the petition would be tak en up for hearing. This Court had also granted an opportunity to the Respondents to file their reply to the present petition. However, no reply has been filed till date.

2. Despite substituted service having been duly effected and sufficient opportunity having been granted, none appears on behalf of the Respondents. The Respondents have also failed to file any reply to the present petition.

3. In view thereof and considering that the Respondents have chosen not to participate in the present proceedings, despite sufficient

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service, this Court finds no impediment in proceeding to consider the appointment of a Sole Arbitrator.

4. The newspaper publications placed on record establishes that the Respondents have been duly served. The proof of service as reflected from the publication is annexed to the petition:-

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5. Maintenance Agreement contains an arbitration Clause under Clause 17, which is reproduced hereinbelow:

“Arbitration: Excepting the cases of theft/pilferage of electric energy or interference with me ter etc. (which are inter -alia offences) and only after the bill amount payable are paid to MAINTENANCE AGENCY. In the event of any differences or disputes arising between MAINTENANCE AGENCY and the SPACE BUYER in respect of any matter connected with the accuracy of bills, supply of services or interpretation of any of these terms and conditions which cannot be determined amicably,

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or settled through an agreement between MAINTENANCE AGENCY and the SPACE BUYER, the matter shall be referred to arbitration of Sole Arbitrator appointed by MAINTENANCE AGENCY. Reference to arbitration shall be without prejudice to the right of MAINTENANCE AGENCY to effect recovery of arrears of dues (through disconnection of supply or otherwise).

The decision of Arbitrator shall be final and binding on the parties.

The arbitration proceedings shall be held at office of MAINTENANCE AGENCY and shall be in accordance with the Arbitration and Conciliation Act, 1996 or statutory modifications thereto. The Courts at New Delhi alone and/or High Court at Delhi alone shall have the jurisdiction in all matters of dispute arising out of or touching and or covering this transaction and arbitration proceedings shall be conducted in English language.”

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

8. In the present case, this Court is of the view that a valid and binding agreement exists between the parties.

9. In the aforesaid circumstances, this Court finds no impediment in appointing a Sole Arbitrator to adjudicate the disputes between the parties.

10. Accordingly, Mr. Abhinav Agrawal (Advocate), Mob. No.

8889299671 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 two weeks from today.

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11. 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 two weeks of entering reference.

12. 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.

13. It shall be open to the parties to raise all pleas, before the learned Sole Arbitrator including objection as to arbitrability and jurisdiction before the learned Sole Arbitrator, wh o shall consider the same in accordance with law.

14. It is clarified that the observations made herein are only for the purpose of deciding the present petition under Section 1 1 of the Act.

The learned Sole Arbitrator shall adjudicate the disputes independently and on their own merits, uninfluenced by any observations contained in the present order.

15. The Registry is directed to send a receipt of this order to Mr.

Abhinav Agrawal , learned Arbitrator through all permissible modes including email.

1 “Act” hereinafter

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16. Accordingly, the present petition is disposed of in the above terms.

OM PRAKASH SHUKLA, J

OCTOBER 30, 2026/at