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Comentag Promotional Products through its Partner Gaurav Gupta vs. B9 Beverages Pvt. Ltd Company through its Directors

Arbitration Petition · 2026:DHC:8920Decided 6 Oct 2026New Delhi Bench
ARB.P. 1326/2026CNR: DLHC010350312026
Justice Om Prakash Shukla

Background

The petitioner sought appointment of a sole arbitrator for a commercial dispute (claim of approximately Rs.14,89,000). The respondent was duly served but did not appear or contest the petition.

Decision Breakdown

Finding service sufficient and no dispute over the existence of a valid arbitration clause, the Court appointed Mr. Nilendu Vatsyayan as sole arbitrator under DIAC rules, leaving arbitrability and jurisdiction objections open for the arbitrator.

Lesson Learnt

A respondent's non-appearance does not stall arbitrator appointment; courts proceed on the available record once service is established and a prima facie arbitration clause exists, protecting a claimant's right to pursue arbitration.

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