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Delhi High Court - Orders

Viinod Sharma vs Pramila Yadav on 11 November, 2025

Author: Purushaindra Kumar Kaurav

Bench: Purushaindra Kumar Kaurav

                          $~O-25
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         EX.P. 48/2021, EX.APPL.(OS) 831/2021, EX.APPL.(OS) 1330-
                                    1331/2023 and EX.APPL.(OS) 1333/2023

                                    VIINOD SHARMA                                                         .....Decree Holder
                                                                  Through:            Mr. Jeevesh Nagrath, Sr. Advocate
                                                                                      with Mr. Ashim Shridhar and Ms.
                                                                                      Radhika Gupta, Advocates.

                                                                  versus

                                    PRAMILA YADAV                                                         .....Judgement Debtor

                                                                  Through:            Mr. Karan Nagpal, Mr. Kushagra
                                                                                      Gupta and Ms. Sonali Tomar,
                                                                                      Advocates for JD-1 & 2.
                                                                                      Mr. Raghvendra Upadhyay, Panel
                                                                                      Counsel with Ms.Purnima Jain and
                                                                                      Mr.Madhur, Advocates.
                          CORAM:
                          HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
                                                                  ORDER

% 11.11.2025

1. At the oral request of learned counsel for the decree-holder, the delay in filing the rejoinder stands condoned.

2. Let the rejoinder be taken on record by the Registry.

3. Mr. Jeevesh Nagrath, learned senior counsel while relying on the proviso of Sub-section 5 of Section 12 of Arbitration and Conciliation Act, 1996 contends that there is an express agreement, which stood recorded on 14th hearing of the Arbitrator for continuation of the arbitration proceedings 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 13/11/2025 at 21:21:11 by a unilaterally appointed Arbitrator.

4. Mr. Karan Nagpal, learned counsel for the judgment-debtor submits that similar controversy has been dealt by the Division Bench of this Court in the case titled as M/s Satya Parkash and Brothers (P) Ltd. Vs. Union of India1. According to him, there has to be an express agreement in writing, which, conspicuously, has been missing in the instant case.

5. The aforesaid submission will have to be considered keeping in mind the nature of the agreement arrived at between the parties, if at all.

6. For the aforesaid purpose, the record of the Arbitral Tribunal would have some significance.

7. Accordingly, let the parties to place the entire record of the Arbitral Tribunal in the digital record of the Court within a period of six weeks from today.

8. List on 12.03.2026.

PURUSHAINDRA KUMAR KAURAV, J NOVEMBER 11, 2025 Nc/sph 1 In FAO (COMM) 80/2025 dated 04.08.2025 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 13/11/2025 at 21:21:11