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Ankit India vs Mi Industries India Private Limited on 2 May, 2025

Author: Jasmeet Singh

Bench: Jasmeet Singh

                          $~74
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         O.M.P. (T) (COMM.) 33/2025
                                    ANKIT INDIA                                                                     .....Petitioner
                                                                  Through:            Mr. Jaspreet Singh, Mr. Gurbachan
                                                                                      Singh, Mr. Amandeep Singh, Ms.
                                                                                      Nandini Singh, Ms. Himanshi, Mr.
                                                                                      Aradhya Agarwal, Advs.

                                                                  versus

                                    MI INDUSTRIES INDIA PRIVATE LIMITED .....Respondent
                                                   Through:
                                    CORAM:
                                    HON'BLE MR. JUSTICE JASMEET SINGH
                                                                  ORDER

% 02.05.2025 I.A. 10969/2025 Exemption allowed, subject to all just exceptions. The application is disposed of.

O.M.P. (T) (COMM.) 33/2025

1. This is a petition filed under section 14 of Arbitration and Conciliation Act, 1996 seeking termination of the mandate of the Arbitral Tribunal.

2. It is stated by Mr. Singh, learned counsel for the petitioner that there is no declaration under section 12(5) of the Arbitration and Conciliation Act, 1996 issued by the Arbitrator and according to the best information available with the petitioner, the Arbitrator is already handling arbitration for and on behalf of the respondent.

3. For the said reasons, issue notice to the respondent on the petitioner taking steps through all modes, including electronic, returnable on This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/06/2025 at 17:01:20 29.07.2025.

4. This is an application seeking stay of the arbitral proceedings before the Panel-1 of the Delhi Hindustani Mercentile Association (Regd.) in case No. 26/2023-24 titled as "M/s M.I. Industries (India) Pvt. Ltd. vs. M/s Ankit India".

5. The fact that the panel has not given a declaration under section 12(5) of the Arbitration and Conciliation Act, 1996, to my mind, goes to the root of the arbitration proceedings.

6. In view of the statement made by the learned counsel for the petitioner that no such declaration has been given, I am inclined to stay the further proceedings.

7. Till the next date of hearing, the impugned arbitration proceedings pending before Panel-1 of the Delhi Hindustani Mercentile Association (Regd.) in case No. 26/2023-24 titled as "M/s M.I. Industries (India) Pvt. Ltd. vs. M/s Ankit India" shall remain stayed.

8. List on 29.07.2025.

JASMEET SINGH, J MAY 2, 2025/DM Click here to check corrigendum, if any This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/06/2025 at 17:01:20