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$~54 & 43

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 2126/2025

SULEKH KUMAR AGGARWAL .....Petitioner

Through: Mr. Vishwendra Verma, Ms. Shivali,

Ms.Ekta Tomar, Mr. Abhishek Nagar,

Mr. Abhdeya S Verma, Ms.

Gunsheen Kaur, Advocates

versus

KMG MILK FOOD LIMITED AND ANR .....Respondents

Through: Mr. Davesh Vahishtha, Advocate

+ O.M.P.(I) (COMM.) 529/2025

SULEKH KUMAR AGGARWAL .....Petitioner

Through: Mr. Vishwendra Verma, Ms. Shivali,

Ms.Ekta Tomar, Mr. Abhishek Nagar,

Mr. Abhdeya S Verma, Ms.

Gunsheen Kaur, Advocates

versus

KMG MILK FOOD LIMITED ANR .....Respondents

Through: Mr. Davesh Vahishtha, Advocate

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 23.12.2025

I.A. 32420/2025 (Exemption) in ARB.P. 2126/2025

I.A. 32419/2025 (Exemption) in O.M.P.(I) (COMM.) 529/2025

Allowed, subject to all just exceptions.

ARB.P. 2126/2025 & O.M.P.(I) (COMM.) 529/2025

1. ARB.P. 2126/2025 has been filed by the Petitioner under Section

This is a digitally signed order.

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11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter as

“Arbitration Act”) seeking appointment of an Arbitrator for adjudication of

disputes which have arisen between the Petitioner and the Respondents

under a Memorandum of Understanding dated 25.04.2025 (hereinafter as

“MoU”).

2. O.M.P.(I) (COMM.) 319/2025 has been filed on behalf of the

Petitioner seeking that the Respondents be restrained jointly and severally

and their agents, representatives, assignees, associates, employees, servants,

legal heirs or any other person etc. may also be restrained from creating any

third party interest with respect to the property mentioned in the MoU.

3. It is stated that the Petitioner became an equity promoter in

Respondent No. 1 company i.e. KMG Milk Food Limited and acquired

shares for a total consideration of Rs. 50 crores. It is the case of the

Petitioner that the said acquisition was absolute, non-negotiable and final

and the Respondents could under no circumstances demand any increase in

share price or additional compensation.

4. Disputes have arisen between the parties on account of the Petitioner

being removed from the office of the Director (Non-Executive, Non-

Independent Director) of the Company.

5. Notice under Section 21 of the Arbitration Act was issued by the

Petitioner to the Respondents on 12.12.2025 invoking Arbitration under

Clause 10 of the MoU dated 25.04.2025. It has also been averred that

subsequent to the order being served to the Respondent, they had called an

Extraordinary General Meeting on 23.12.2025.

6. Learned Counsel for the Respondents has vehemently objected to the

appointment of an Arbitrator stating that the present agreement has been

This is a digitally signed order.

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entered into by fraud and that the said agreement as placed before this Court

is not the actual agreement that had been entered into between the parties.

7. This Court is not inclined to address these arguments at this juncture.

The MoU, as placed before this Court, contains an Arbitration Clause, and

therefore, this Court is inclined to refer the present matter for Arbitration.

The aforementioned arguments challenging the arbitrability of the dispute

are to be adjudicated upon by the Arbitrator in an appropriate application

which may be preferred by the Respondent.

8. At this juncture, learned Counsel appearing for the Respondent states

that he has no objection to the appointment of an Arbitrator for adjudicating

upon the disputes between the Parties. However, learned Counsel for the

Petitioner vehemently opposes the grant of any interim protection to the

Petitioner.

9. In view of the fact that disputes have arisen between the part