$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 25.04.2026 + O.M.P. (COMM) 129/2019 & I.A. 4353/2021 PTC TECHNO PVT. LTD. .....Petitioner Through: Mr. Tarun Diwan & Ms. Pyari, Advs. versus SAMSUNG INDIA ELECTRONICS PVT. LTD. .....Respondent Through: Mr. Sudhir Nandrajog, Sr.

Adv. with Mr. Niraj Singh, Ms. Ankita Singh & Mr. Karteek, Advs.

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN AVNEESH JHINGAN, J. (ORAL)

1. This matter is taken up today as 03.03.2026 was declared holiday vide Notification No. 64/G-4/Gen1.-I/DHC dated 27.02.2026. 2. This petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short „the Act‟) challenging the arbitral award dated 17.11.2018.

3. The short controversy involved is whether the appointment of the arbitrator by the Vice President of the respondent company is in violation of the amended Section 12(5) of the Act.

4. The brief facts are that the parties to the lis entered into a Mould Agreement dated 01.06.2009 (hereinafter referred to as „MA‟) and two Purchase and Sale Agreements dated 26.11.2009 and 20.06.2013. As per the MA, the respondent was to supply moulds for the manufacturing of parts to be carried out b