Delhi High Court - Orders
Payu Payments Private Limited vs M/S Sporta Technologies Private ... on 22 November, 2023
Author: Sachin Datta
Bench: Sachin Datta
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 1189/2023
PAYU PAYMENTS PRIVATE LIMITED ..... Petitioner
Through: Mr. Rajeeve Mehra, Sr. Adv. along
with Mr. Anand Shankar Jha, Mr.
Sachin M., Mr. Abhilesh Tiwari, Mr.
Parvez Rehman and Ms. Manas Tuli,
Advs.
versus
M/S SPORTA TECHNOLOGIES PRIVATE LIMITED... Respondent
Through: Mr. Rajiv Nayar, Sr. Adv. along with
Ms. Ruby Singh Ahuja, Mr. Varun
Khanna and Mr. Devang Kumar,
Advs.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 22.11.2023
1. The present petition seeks appointment of a sole arbitrator to adjudicate the disputes between the parties which have arisen in the context of a Service Agreement dated 13.02.2015, entered between the parties. The said agreement contains an Arbitration Clause as under:
"24.3 Governing Law, Settlement of Disputes and Jurisdiction: This Agreement (and any dispute or claim relating to it, its enforceability or its termination) is to be governed by and construed in accordance with the laws of India. Each of the Parties agrees that, if any dispute(s) or difference(s) shall arise between the Parties in connection with or arising out of this Agreement, the Parties shall attempt, for a period of 30 (thirty) days from the receipt of a notice from the other Party of the existence of a dispute(s), to settle such dispute(s) by mutual discussions between the Parties. If the said dispute(s) cannot be settled by mutual discussions within the thirty-day period provided above, either Party may refer the matter to a sole arbitrator to be mutually appointed in 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 25/11/2023 at 01:54:48 accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held under the provisions of the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in English language at New Delhi. The courts at New Delhi shall have the exclusive jurisdiction over any disputes relating to the subject matter of this Agreement."
2. After some hearing, respective counsel for the parties are in agreement that an independent Sole Arbitrator be appointed to adjudicate the disputes between the parties.
3. Accordingly, at joint request, Mr. Justice (Retd.) R. S. Endlaw, Former Judge, Delhi High Court (Mobile -9717495002) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties.
4. The learned Sole Arbitrator shall furnish to the parties requisite disclosures as required under Section 12 of the A & C Act.
5. The learned Sole Arbitrator shall fix his fees in consultation with the parties. The parties shall share the arbitrator's fee and arbitral costs, equally.
6. All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law.
7. Needless to say, nothing in this order shall be construed as an expression of opinion of this court on the merits of the contentions of the parties.
8. The present petition stands disposed in the above terms.
NOVEMBER 22, 2023/cl SACHIN DATTA, J 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 25/11/2023 at 01:54:48