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Delhi High Court - Orders

Bmarkt Tecamat Pvt. Ltd. (India Ipo) vs Ajmer Diesels And Tractors/ Adjt ... on 23 April, 2026

Author: Subramonium Prasad

Bench: Subramonium Prasad

                          $~44
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         ARB.P. 737/2026
                                    BMARKT TECAMAT PVT. LTD. (INDIA IPO)                                                   .....Petitioner
                                                                  Through:            Appearance not given.

                                                                  versus

                                    AJMER DIESELS AND TRACTORS/ ADJT PRIVATE LIMITED.
                                                                           .....Respondent
                                                  Through:

                                    CORAM:
                                    HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
                                                                  ORDER

% 23.04.2026 I.A. 11214/2026 (Exemption) Allowed, subject to all just exceptions.

ARB.P. 737/2026

1. The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 by the Petitioner seeking appointment of an Arbitrator to adjudicate upon the disputes between the parties under a Consultancy Agreement dated 27.01.2025 (hereinafter referred to as "Agreement").

2. It is the case of the Petitioner that under the Agreement, the Petitioner was appointed as an IPO Consultant. It is stated that dispute arose between the Parties and the Respondent terminated the Agreement on 09.07.2025 by way of an email with a condition that the Petitioner would refund the fees, however, the Petitioner would be entitled to the expenses incurred by him. It 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 27/04/2026 at 21:33:26 is stated that the Petitioner issued a legal notice dated 28.01.2026 to the Respondent demanding a sum of Rs.18,13,081/- towards the expenses incurred by the Petitioner in terms of the Agreement. It is stated that no reply was received from the Respondent. It is stated that since the Respondent failed to honour their commitments, a notice under Section 21 of the Arbitration and Conciliation Act, 1996, invoking arbitration was sent to the Respondent on 25.02.2026.

3. Clause 7 of the Agreement contains the arbitration clause by which the Parties have decided to get their disputes adjudicated through arbitration in accordance with the Arbitration and Conciliation Act, 1996. Though the arbitration clause does not specify the seat and venue of the arbitration, Clause 14 of the Agreement specifies that the jurisdiction is restricted only to Delhi/Jodhpur.

4. Learned Counsel for the Petitioner states that since the Agreement has been entered into between the Parties in Delhi and in the absence of any contra indicia, this Court will have the jurisdiction to entertain the present petition.

5. Issue notice.

6. On taking steps, let notice be issued to the Respondent through all permissible modes, including Dasti.

7. List on 20.05.2026.

SUBRAMONIUM PRASAD, J APRIL 23, 2026 S. Zakir 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 27/04/2026 at 21:33:26