Delhi High Court - Orders
M/S Incredible Management Services ... vs One Mobikwik Systems Private Ltd on 1 February, 2023
Author: Sachin Datta
Bench: Sachin Datta
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 1035/2022
M/S INCREDIBLE MANAGEMENT SERVICES PVT. LTD.
..... Petitioner
Through: Ms. Kusum Pandey, Advocate
through video conferencing.
versus
ONE MOBIKWIK SYSTEMS PRIVATE LTD. ..... Respondent
Through: Mr. Pushpam Raj, Advocate.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 01.02.2023
1. The present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeks appointment of an arbitrator to adjudicate the disputes between the parties. The disputes between the parties have arisen under a Master Service Agreement dated 06.08.2018 executed between the parties. The said agreement contains an arbitration clause in the following terms:-
"9.7 Arbitration and Dispute Resolution - If a dispute arises out of or relates to this Agreement or its breach and the dispute cannot be settled through the good faith negotiation of the Parties within 60 (sixty) days, the Parties agree that all such disputes shall be referred to and settled under (Indian) Arbitration and Conciliation Act, 1996 by a sole arbitrator to be (appointed mutually by both parties. The venue of the arbitration shall be New Delhi and the arbitration shall be conducted in English language."
2. The disputes between the parties are stated to have arisen on account of some unpaid invoices for services provided under the aforesaid agreement. A notice of invocation of arbitration is stated to have been sent Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:02.02.2023 12:44:01 by the petitioner to the respondent on 21.06.2021.
3. After some hearing, it is agreed by the respective counsel for the parties that an independent arbitrator be appointed to adjudicate the disputes between the parties.
4. Accordingly, with the consent of the parties Mr. Manikya Khanna, Advocate (Mobile No. 9891054457) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.
5. The learned Sole Arbitrator may proceed with the arbitration proceedings subject to furnishing to the parties requisite disclosures as required under Section 12 of the Arbitration and Conciliation Act; and in the event there is any impediment to the appointment on that count, the parties are given liberty to file an appropriate application in this court.
6. The learned Sole Arbitrator shall be entitled to fee in accordance with Fourth Schedule to the Arbitration and Conciliation Act or as may otherwise be agreed to between the parties and the learned Sole Arbitrator.
7. Parties shall share the arbitrator's fee and arbitral costs, equally.
8. 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.
9. Needless to say, nothing in this order shall be construed as an expression of the Court on the merits of the contentions of the parties.
10. The present petition stands disposed of in the above terms.
SACHIN DATTA, J FEBRUARY 1, 2023 AK Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:02.02.2023 12:44:01