Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Sh. Sunil Kant Raheja vs M/S Purearth Infrastructure Ltd on 1 September, 2022

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~3
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     ARB.P. 380/2021
                                Sh. SUNIL KANT RAHEJA                      ..... Petitioner
                                                Through: Mr. Sumit Sarna and Ms. Mamta,
                                                           Advocates.
                                                versus
                                M/S PUREARTH INFRASTRUCTURE LTD            ..... Respondent
                                                Through: None.
                                CORAM:
                                HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                ORDER

% 01.09.2022 By way of the present petition under section 11(5) of the Arbitration & Conciliation Act 1996 ('A&C Act'), the petitioner seeks appointment of an arbitrator to adjudicate upon the disputes that are stated to have arisen with the respondent from Agreement dated 17.09.1996.

2. Mr. Sumit Sarna, learned counsel for the petitioner has drawn the attention of this court to clause 'G' which comprises the arbitration agreement between the parties; and contemplates reference of disputes between them for arbitration under the aegis of the Indian Council of Arbitration, New Delhi.

3. As per the record, the petitioner invoked arbitration vide Notice dated 10.02.2021; but to no avail.

4. Notice on this petition was issued on 12.03.2021. Although the respondent was represented on the last date of hearing, no one is present on behalf of the respondent today. In any case the respondent has chosen not to file a reply to the petition.

5. In view of the above, this court is constrained to set the respondent ex- parte.

6. Learned counsel for the petitioner has drawn attention to order dated 27.09.2018 made by the learned Additional District Judge Tis Hazari, Delhi in CS No. 1397/2020 on an application under section 8 of the A&C Act that was filed by the respondent, who was defendant in those proceedings, claiming the existence of an arbitration agreement between the parties and challenging the maintainability of the suit on that ground. In view thereof, the learned ADJ had referred the parties to arbitration and had dismissed the suit.

7. For completeness, Mr. Sarna has also drawn attention to order dated 03.02.2021 made by the Co-ordinate Bench of this court in Arb. P. No. 708/2020, whereby in an earlier round of litigation, the arbitration petition filed by the petitioner was dismissed as withdrawn, granting to the petitioner leave and liberty to file afresh for the same relief after following the pre-arbitral protocol stipulated in the agreement between the parties.

8. Mr. Sarna points-out, that though no specific pre-arbitral protocol is stipulated in the agreement, in any case, in view of the respondent's conduct it is evident that no settlement or amicable resolution of disputes is possible.

9. Upon a conspectus of the averments contained in the petition, the stand taken by the respondent in the aforesaid civil suit, and the submissions made, this court is satisfied that there is a valid and subsisting arbitration agreement between the parties; that this court has territorial jurisdiction to entertain and decide the present valid and Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:07.09.2022 ARB.P. 380/2021 Page 2 of 3 14:28:29 subsisting arbitration agreement between the parties; that this court has territorial jurisdiction to entertain and decide the present petition; and also that the disputes that are stated to have arisen between the parties as set-out inter-alia in demand/invocation notice dated 10.02.2021 do not appear ex-facie to be non-arbitrable.

10. Accordingly, as per the agreement between parties, they are referred to arbitration under the aegis of the Indian Council of Arbitration (ICA), New Delhi; with a direction to the Director, ICA to appoint a sole arbitrator in the matter, subject to and in accordance with, the rules and regulations of ICA including as to arbitrator's fee and arbitration costs, as may be applicable.

11. A copy of this order be sent by the Registry to the Director, ICA, for information and compliance.

12. Parties are directed to approach the Director, ICA for the above purpose within 10 days.

13. The petition stands disposed of in the above terms.

14. Other pending applications, if any, also stand disposed of.

15. Let a copy of this order be sent by the Registry to the address and on the e-mail ID of the respondent as available on the record.

ANUP JAIRAM BHAMBHANI, J SEPTEMBER 1, 2022/ds Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:07.09.2022 ARB.P. 380/2021 Page 3 of 3 14:28:29