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Tata Capital Limited vs. Dimpi Enterprises & Ors.

Arbitration Petition · CNR No. DLHC011010582025Decided 14 Sept 2026New Delhi Bench
ARB.P. 2080/2025CNR: DLHC011010582025
Justice Om Prakash Shukla

Background

The petitioner sought appointment of an arbitrator against the respondents, who did not appear despite having been served through substituted means (e.g., means other than direct personal service, such as publication or alternate modes permitted when a party cannot be traced).

Decision Breakdown

Since the respondents did not appear despite valid substituted service, the Court proceeded ex parte against them. Finding a prima facie arbitration agreement between the parties and no impediment to arbitration, it appointed Ms. Raunaq Bahadur, Advocate, as sole arbitrator under DIAC rules, leaving all substantive pleas open for the arbitrator to decide.

Lesson Learnt

A party that ignores court notice served through valid substituted means (such as publication) does not get to block the appointment of an arbitrator: the case simply proceeds without them.

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