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Jayesh Radheshyam Shrivastav vs. Mega Mart Ventures India Private Limited

Arbitration Petition · 2026:DHC:7706Decided 7 Sept 2026New Delhi Bench
ARB.P. 866/2026CNR: DLHC010212312026
Justice Om Prakash Shukla

Background

The petitioner sought appointment of an arbitrator to resolve a monetary dispute (claiming about Rs. 19.5 lakh) with the respondent company, and both sides agreed there was a valid arbitration agreement between them.

Decision Breakdown

Since both parties agreed to first attempt mediation, the Court referred the matter to the Delhi High Court Mediation and Conciliation Centre for three weeks. At the same time, since the parties were also agreed that if mediation failed the dispute should go to arbitration, and there was no dispute about the existence of a valid arbitration clause, the Court simultaneously appointed a sole arbitrator to take up the case so that no additional time would be lost if mediation did not succeed. All objections, including on arbitrability, were left open for the arbitrator to decide.

Lesson Learnt

Courts can efficiently combine a mediation attempt with a simultaneous arbitrator appointment when both sides agree, so that the dispute-resolution process moves forward without delay whether or not settlement talks succeed.

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