$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 15/2026 & I.A. 4274/2026 SHIVAA ENTERPRISES THROUGH ITS PROPRIETOR MR. ANKUR P. PATEL .....Petitioner Through: Mr. Mohit Kumar Bafna, Mr.

Abhishek Baid, Mr. Praneet Das and Mr. Ravinder Kumar, Advocates versus M/S. LIFE ESSENTIALS PERSONAL CARE PVT. LTD.

.....Respondent Through: Mr. Harshbir Singh Kohli, Mr. Vinay Jaiswal, Advocates (M:9810658944)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 16.02.2026

1. The present petition has been filed under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), read with Section 151 of Code of Civil Procedure, 1908 (“CPC”), seeking substitution of the learned Sole Arbitrator.

2. Learned counsel for the petitioner submits that this Court had earlier vide order dated 12^th October, 2022 in ARB.P. 393/2022 filed by the petitioner herein, appointed a Sole Arbitrator and directed that the arbitration proceedings be conducted under the aegis of the Delhi International Arbitration Centre (“DIAC’), in accordance with the Rules and regulations of the DIAC.

3. It is submitted that pleadings in the matter were completed on 10^th August, 2023, issues had been framed on 28^th August, 2024 and the matter was at the stage of cross-examination of Claimant’s witnesses in December, 2024. However, thereafter, the parties were informed that the Sole Arbitrator was elevated as a Judge of this Court.

4. Subsequently, a petition being O.M.P.(T)(COMM.) 21/2025 was filed seeking substitution of the then Sole Arbitrator and for appointment of a fresh Sole Arbitrator to continue the arbitration proceedings.

5. Thus, vide order dated 21^st March, 2025 in O.M.P.(T)(COMM.) 21/2025, Mr. Anil Kaushik, Senior Advocate was appointed as the Sole Arbitrator to adjudicate the disputes between the parties.

6. However, the said Senior Advocate has now been appointed as the Additional Solicitor General of India in the Supreme Court of India. He has, thus, informed the parties that it would not be possible for him to discharge his duties as Arbitrator and to adjudicate the disputes between the parties.

7. In view of the aforesaid, the present petition has been filed for appointment of a fresh Sole Arbitrator to continue the arbitration proceedings bearing registration No. DIAC/5549/10-22, from its current stage.

8. This Court is informed that, at present, the arbitration proceedings are at the stage of respondent’s evidence.

9. Issue notice. Notice is accepted by learned counsel for the respondent, who submits that he has no objection to the present petition.

10. Accordingly, with the consent of the parties, a substitute Sole Arbitrator is appointed to continue with the ongoing arbitration proceedings, and the following directions are issued:

(i) Ms. Veena Ralli, Advocate (Mobile No.: 9899987093) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

(ii) The arbitration will be continued under the aegis and Rules of the DIAC, Delhi High Court, Sher Shah Road, New Delhi.

(iii) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators’ Fees) Rules, 2018.

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

(v) The learned Arbitrator shall proceed with the adjudication of the arbitration proceedings between the parties from the stage where the proceedings are presently pending, i.e., respondent’s evidence.

(vi) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims/counter-claims and merits of the dispute of either of the parties, are left open for adjudication by the learned Arbitrator.

(vii) The partie