$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1098/2025 BARISTA COFFEE COMPANY LIMITED .....Petitioner Through: Mr. Mayank Mehandru, Charu Tandon, Raghav Tandon, NIkhil Kharaliya, Advocates (through VC)

versus M/S MAYAL ENTERPRISES & ANR. .....Respondents Through: Mr. Rajiv Ranjan, Advocate.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 08.12.2025

1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter ‘Act’) seeking appointment of a Sole Arbitrator for the adjudication of the disputes between the parties arising out of the Facility Agreement dated 19^th October, 2021 (hereinafter ‘Agreement’).

2. Counsel for the petitioner submits that the Agreement contains an arbitration clause, i.e. Clause 24, which provides for adjudication of any disputes arising between the parties by way of arbitration. For ease of reference, Clause 24 of the Agreement is set out below:

3. He further submits that since the respondents were in constant and wilful breach of the terms of the Agreement (including non-payment of royalty to the petitioner), the petitioner sent a notice dated 17^th September, 2024 to the respondents invoking the aforesaid arbitration clause under Section 21 of the Act.

4. A reply thereto was sent on behalf of the respondents on 7^th October, 2024, wherein the respondents denied the contents of the aforesaid notice.

5. A rejoinder notice was thereafter issued by the petitioner on 12^th October, 2024. However, no response thereto has been received on behalf of the petitioner.

6. Hence, the petitioner has been constrained to approach this Court by way of the present petition.

7. Notice in the present petition was issued to the respondents on 29^th July, 2025.

8. As per the report of the Registry, the respondents have been served through email.

9. Counsel appears on behalf of the respondents and does not object to appointment of an Arbitrator.

10. Accordingly, the dispute between the parties under the Agreement is referred to the Arbitral Tribunal comprising a Sole Arbitrator. The following directions are issued in this regard:

i. Mr. Rishi Vohra, Advocate (Mob. No.: +91 99994 98955) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

ii. The Arbitrator is requested to furnish a declaration in terms of Section 12 of theAct prior to entering into the reference. In the event there is any impediment to the Arbitrator’s appointment on that count, the parties are given liberty to file an appropriate application before this Court.

iii. The remuneration of the Arbitrator shall be in terms of Schedule IVof theAct.

iv. The parties shall approach the Arbitrator within two (2) weeks from today.

11. It is made clear that all the rights and contentions of the parties, including the arbitrability of any of the claims and/or counter claims, any other preliminary objection, as well as claims on merits of the dispute of either of the parties, are left open for adjudication by the Arbitrator.

12. The petition stands disposed of in the aforesaid terms.

13. Needless to state, nothing in this order shall be construed as an expression of this Court on the merits of the case.

AMIT BANSAL, J DECEMBER 8, 2025/RK