$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1525/2025 RV SOLUTIONS PVT. LTD. .....Petitioner Through: Mr. Ankit Miglani and Mr. Nikhil Mandhotra, Advocates.

versus KUMARSWAMY SHIVAPA GOWADA .....Respondent Through: None.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 29.10.2025

1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 by the Petitioners seeking appointment of an Arbitrator to adjudicate upon the disputes which have arisen between the Parties under an Authorised Service Centre Agreement dated 29.09.2022.

2. Material on record indicates that the Petitioner is a leading service provider in the technological lifecycle service industry. The Respondent herein approached the Petitioner to act as an Authorized Service Partner for repairing mobile phones, tablets, and other equipment. It is stated that the Respondent defaulted in returning defective/replaced parts and an amount of Rs.5,43,100/- is due and payable by the Respondent. It is stated that since the dispute arose between the parties, a legal notice dated 13.01.2025 was issued to the Respondent for recovery of the said amount. It is stated that since the amount was not paid, a notice under Section 21 of the Arbitration and Conciliation Act, 1996 invoking arbitration was sent to the Respondent on 13.01.2025 as well as on 26.05.2025.

3. Notice was issued in the petition on 18.09.2024. It is stated that the Respondent has been served only though email. Clause 17 of the Agreement provides that the service of notice can be given either by post or through email.

4. It is stated by the learned Counsel for the Petitioner that affidavit of service has been filed, however, the same is under objection. Learned Counsel for the Petitioner is directed to cure the objection and re-file the affidavit of service.

5. In view of the Judgment passed by this Court in Mex Switchgears (P) Ltd. v. Vikram Suri Trading as M/s. Armex Auto Industries, 2023 SCC OnLine Del 6504, wherein this Court has held that service effected through email is sufficient. Service is, therefore, complete.

6. Clause 14 of the Authorised Service Centre Agreement dated

29.09.2022, which is an arbitration clause, reads as under:

“14. Dispute Resolution; Governing Law;

Jurisdiction (i) Dispute Resolution • if any dispute or difference of any kind whatsoever shall arise between the Parties in connection with or arising out of this Agreement (whether before or after the termination or breach of this Agreement) the concerned Parties shall promptly and in good faith negotiate with a view to an amicable resolution and settlement of the dispute through the process of Arbitration.

• The Parties agree that they shall endeavor to settle any dispute relating to the invoice within a period of 15 ( fifteen) business days from the date of receipt of the notice of dispute. If Parties fail to settle the disputed amount within the aforesaid period, the disputed amount shall be settled between the Parties in accordance with the dispute resolution procedure provided in this Agreement.

• In the event no amicable resolution or settlement is reached within a period of fifteen ( 15 ) days, such dispute or difference shall be referred to a sole arbitrator mutually appointed by the Parties or, upon the failure of the Parties to agree upon a sole arbitrator, within a period of ten (10) days, each Party shall appoint one arbitrator each and the two appointed arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator. Arbitration shall be conducted in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 and any amendments thereof. The arbitration proceedings shall be held at New Delhi and language shall be English. The cost of arbitration shall be borne by Parties equally.

• The existence of any dispute or difference or the initiation or continuance of the arbitration proceedings shall not postpone or delay the performance