Delhi High Court - Orders
Shri Sai Entertainment Pvt. Ltd vs Mrs. Sukanya Gupta on 6 December, 2021
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~1 (2021)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 941/2021
SHRI SAI ENTERTAINMENT PVT. LTD ..... Petitioner
Through Mr Vinay Kumar Dubey, Mr Vedant
Singh, Mr Vishish Singh, Mr Lokender Singh
Rathore and Mr Prateek Tiwari, Advocates.
versus
MRS. SUKANYA GUPTA ..... Respondent
Through Mr Gaurav Gupta, Advocate.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 06.12.2021
1. The petitioner has filed the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereafter 'the A&C Act') praying that an arbitrator be appointed to adjudicate the disputes that have arisen between the parties in connection with the agreement dated 14.04.2018, whereby the respondent had agreed to participate in a beauty contest named 'Haute Monde Mrs. India Worldwide 2018'. The said agreement includes an Arbitration Clause that reads as under: -
"In the event of any dispute it shall be referred to the sole arbitration of Mr. Bharat K. Bhramar of Shri Sai Entertainments whose award in the matter shall be final and binding on the parties. The venue shall be New Delhi and Indian laws shall be applicable.
Any dispute or difference arising in relation to or in connection with the contest shall be subject to the jurisdiction of the Courts at New Delhi only"
2. The learned counsel appearing for the respondent had, initially, opposed Signature Not Verified Digitally Signed By:DUSHYANT RAWAL the present petition, inter alia, stating that the respondent had not signed the said agreement in question. The respondent was granted time to file an affidavit to the aforesaid effect and the respondent was also directed to be present in Court.
3. The respondent has not complied with the said order as she is not present in Court. The learned counsel appearing for the respondent now states that although certain objections have been taken in the reply, he has instructions to state that the respondent has no objection if an independent arbitrator is appointed to adjudicate the disputes between the parties. He states that that the claim made by the petitioner for a sum of ₹65 lakhs is highly exaggerated and the same may be kept in mind while appointing the arbitrator.
4. In view of the above and considering that there is no dispute that the petitioner has invoked the Arbitration Clause, this Court considers it apposite to allow the present petition. Accordingly, Mr Suhail Dutt, Senior Advocate (Mob: 9810240285), is proposed to be appointed as the Sole Arbitrator to adjudicate the disputes between the parties. This is subject to the learned Arbitrator making the necessary disclosure as required under Section 12(1) of the A&C Act.
5. The parties are at liberty to approach the learned Arbitrator for eliciting his consent and the necessary disclosure as required under Section 12(1) of the A&C Act. Let the same be furnished to this Court before the next date of hearing.
6. List on 09.12.2021.
VIBHU BAKHRU, J
DECEMBER 6, 2021
pkv Click here to check corrigendum, if any
Signature Not Verified
Digitally Signed
By:DUSHYANT
RAWAL