219 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***

ARB-141-2026 (O&M)

Date of Decision: 22.05.2026 Smartworks Coworking Spaces Limited .... Applicant Versus Oneistox India Private Limited (Novatr) ....Respondent CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present: Mr. Saurav Khurana, Advocate, for the applicant.

Mr. Rohit Khurana, Advocate for the respondent (through V.C.).

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J ASGURPREET SINGH PURI , J . (ORAL)

1. Reply has been filed on behalf of the respondent in Court today and the same is taken on record. A copy thereof has been supplied to the learned counsel for the applicant.

2. The present application has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) praying for appointment of an independent Sole Arbitrator to adjudicate upon the disputes/differences which have arisen between the parties.

3. Learned counsel for the applicant has submitted that an Agreement was executed between the applicant and the respondent, which is attached with the present application as Annexure P-3. The aforesaid Agreement contains a valid arbitration clause i.e. Clause 15(c) pertaining to Governing Law, Jurisdiction and Dispute Resolution which provides that the parties shall amicably resolve any and all disputes arising out of or in connection with this Contract, failing which the disputes shall be settled in accordance with the provisions of the Arbitration Act or any re-enactment thereof. It further provides that the parties shall mutually appoint a Sole Arbitrator to conduct the arbitration proceedings and the seat and venue for arbitration shall be Gurugram, Haryana. The Clause 15(c), which is incorporated in the Agreement (Annexure P-3) is reproduced as under:-

“15. Governing Law, Jurisdiction and Dispute Resolution:

(a) xx xx xx xx (b) xx xx xx xx (c) The Parties shall amicably resolve any and all disputes arising out of or in connection with this Contract, failing which the disputes shall be settled in accordance with provisions of the Arbitration & Conciliation Act, 1996 or any re-enactment thereof. The Parties shall mutually appoint a sole arbitrator to conduct the arbitration proceedings. The seat and venue for arbitration shall be Gurugram, Haryana and the language for arbitration shall be English.”

4. Learned counsel further submitted that a dispute arose between the parties and despite efforts to resolve it amicably, the dispute remained unresolved. Consequently, the applicant invoked the arbitration clause by issuing a notice dated 14.01.2026 under Section 21 of the Act to the respondent vide Annexure P-5 in which the applicant also proposed the name of an Arbitrator, however, that request was not accepted by the respondent. Therefore, the present application has been filed for appointment of an independent Sole Arbitrator by this Court. He referred to the reply filed by the respondent wherein it has been stated in Paragraph No.12 that the respondent does not refuse arbitration as such and submits that if this Court is inclined to appoint an Arbitrator, the same must be an independent, impartial and neutral Sole Arbitrator appointed by this Court. He submitted that rather this is also the prayer of the applicant that an independent, impartial and neutral Sole Arbitrator may be appointed by this Court.

5. On the other hand, Mr. Rohit Khurana, learned counsel for the respondent has caused appearance through video conferencing and submitted that there is no dispute with regard to the existence of the aforesaid agreement, which contains a valid arbitration clause vide Annexure P-3 and that the applicant invoked the said clause by issuing notice to which the respondent replied. He submitted that the only objection of the respondent is that the matter was not earlier brought to a logical end by way of an amicable settlement and since negotiations for an amicable settlement are going on and have not reached a conclusion, no Arbitrator should be appointed at t