* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 20.04.2026 + ARB.P. 338/2026 MR SUNDEEP SINGH REKHI & ANR. .....Petitioners Through: Ms. Nattasha Garg, Ms. Liza Arora and Mr. Anubhav Dubey, Advocates.

versus MS KAVITA SAXENA .....Respondent Through: Mr. Rajesh Bhatia, Advocate.

CORAM:

HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL)

1. The present Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, $~2, seeking the appointment of a Sole Arbitrator to adjudicate the disputes inter se the parties arising out of Clause 30 of the Lease Agreement and Clause 16 of the Maintenance Agreement both dated 23.08.2023, Agreements executed between the parties.

2. The Dispute Resolution Clause, being Clause 30, as set out in the said Lease Agreement reads as under:

“30. That if any dispute, controversy arises between the Parties out of or in connection with this Agreement or in respect of any breach, termination, or invalidity thereof ('Dispute'), the Parties shall make every effort to amicably settle the same through mutual discussions and consultations. If the Parties are unable to settle the

1 Act

Dispute, the Dispute shall be referred to arbitrator appointed with the consent of both the Parties to settle the Dispute as per the provisions of Arbitration & Conciliation Act, 1996 including rules thereof or any statutory re-enactment / amendment thereof. The venue of the arbitration shall be at Delhi (India) and the language of arbitration shall be English. Each Party shall bear its respective counsel's fee. The arbitration expenses shall be borne by both the Parties in the ratio of 50:50. This Agreement shall be governed by the laws of India & is subject to the jurisdiction of the courts in Delhi (India) only and no other territory.”

3. Further, the Dispute Resolution Clause, being Clause 16 of Maintenance Agreement reads as under:

“16. That if any dispute, controversy arises between the Parties out of or in connection with this Agreement or in respect of any breach, termination, or invalidity thereof (Dispute), the Parties shall make every effort to amicably settle the same through mutual discussions and consultations. If the Parties are unable to settle the Dispute, the Dispute shall be referred to arbitrator appointed with the consent of both the Parties to settle the Dispute as per the provisions of Arbitration & Conciliation Act, 1996 including rules thereof or any statutory re-enactment / amendment thereof. The venue of the arbitration shall be at Delhi (India) and the language of arbitration shall be English. Each Party shall bear its respective counsel's fee. The arbitration expenses shall be borne by both the Parties in the ratio of 50:50. This Agreement shall be governed by the laws of India & is subject to the jurisdiction of the courts in Delhi (India) only and no other territory.

4. Learned counsel appearing on behalf of the Petitioners also draws the attention of this Court to Clause 11 of the Maintenance Agreement, which reads as under:

“11. That this Agreement shall run concurrently with the Lease Agreement dated 23rd August 2023 for the Demised Premises and SECOND PARTY shall not terminate this Maintenance Agreement while the Lease Agreement of the Demised Premises is in effect & it shall automatically expire at the expiry / early termination of the said Lease Agreement & SECOND PARTY shall inform the FIRST PARTY in the same regard.”

5. The material on record indicates that the Petitioner herein invoked arbitration in terms of Section 21 of the Act vide legal notice

6. Learned counsel appearing on behalf of the Respondent submits that the Reply to the present Petition had been filed; however, the same was returned under objections. He has handed over the Reply across the Bar for the perusal of this Court. In view thereof, the Registry is directed to take the said Reply on record.

7. Learned counsel appearing on behalf of the parties are ad idem that the disputes inter se