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2026 Supreme(Online)(Del) 10511

IN THE HIGH COURT OF DELHI AT NEW DELHI
Vikas Mahajan, J
Arun Kapoor – Appellant
Versus
HPM Foods Pvt Ltd – Respondent
ARB.P. 701/2026 | ARB.P. 712/2026 | ARB.P. 713/2026 | ARB.P. 698/2026 | ARB.P. 700/2026 | ARB.P. 703/2026 | ARB.P. 711/2026



Important Points

The court may issue notice to a respondent in a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, when an arbitration clause has been invoked and the respondent has failed to respond.

Subject

Arbitration - Appointment of Arbitrator

Act Referred

Headnote

The petitions are filed under S.11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of an arbitrator to resolve disputes stemming from a lease agreement dated 23.01.2025. The petitioners contend that despite invoking the arbitration clause via legal notice, the respondent failed to respond. The Court orders the issuance of notice to the respondent, making it returnable on a specified date. The core issue is whether the conditions for appointing an arbitrator under the Act are satisfied following the failure of the respondent to respond to the invocation notice. The Court's reasoning is based on the procedural requirement to facilitate the arbitration process upon the failure of initial dispute resolution attempts. Issue notice to the respondent for the next hearing date.

Advocates:
For the Appellants/Petitioners: Anuj Gupta, Deeksha Aggarwal

Table of Content
1. issuance of notice under section 11(6) of the arbitration and conciliation act upon failure of response. (Para 1 , 2 , 3)

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 20.04.2026

1. The present petitions have been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator for adjudication of disputes between the parties arising out of lease deed dated 23.01.2025. The Clause 13 is the arbitration clause.

2. The disputes having arisen between the parties, the petitioner invoked arbitration clause vide legal notice dated 23.02.2026, which did not elicit any response.

3. In view of the above, issue notice to the respondent, by all permissible modes, returnable on 19.05.2026.

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