Delhi High Court - Orders
Ajay Bijani Through Attorney Sanjay ... vs M/S Splendor Landbase Pvt. Ltd on 13 July, 2022
Author: Prateek Jalan
Bench: Prateek Jalan
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 780/2022 & I.A. 10550/2022
AJAY BIJANI THROUGH ATTORNEY
SANJAY DHAMIJA & ANR. ..... Petitioners
Through: Ms. Jyotika Kalra, Ms. Ayushi
Chugh, Mr. Piyush Malik,
Advocates.
versus
M/S SPLENDOR LANDBASE PVT. LTD. ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 13.07.2022 I.A. 10549/2022 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
ARB.P. 780/2022 & I.A. 10550/2022 (for condonation of delay)
1. By way of this petition under Section 11 of the Arbitration and Conciliation Act, 1996, the petitioners seek appointment of an arbitrator to adjudicate the disputes arising between them under a Memorandum of Understanding ["MoU"] dated 23.08.2019.
2. Ms. Jyotika Kalra, learned counsel for the petitioners, draws my attention to an arbitration clause contained in Clause 8 of the MoU, which requires resolution of disputes by arbitration, the venue of the arbitration being in New Delhi. Clause 9 of the MoU vests exclusive jurisdiction in Signature Not Verified Digitally signed By:SHITU NAGPAL ARB.P. 780/2022 Page 1 of 2 Signing Date:14.07.2022 16:05:31 the Courts in Delhi.
3. By way of a communication stated to have been sent on 04.09.2021 by learned counsel for the petitioner to the respondent, the petitioner invoked the arbitration clause. Ms. Kalra states that the said notice has failed to elicit a response.
4. Ms. Kalra states that there is a discrepancy in some of the documents, which has arisen during the conversion of the file to electronic format. She seeks permission to place correct copies of the documents as additional documents. She is permitted to do so within one week from today and to serve the same upon the respondent also.
5. Issue notice. Notice may be issued by all permissible modes, e- mail in addition. Dasti service in addition is permitted. If the respondent wishes to resist the appointment of an arbitrator, it may file a reply to the petition within two weeks after service.
6. List on 01.09.2022.
PRATEEK JALAN, J JULY 13, 2022 'Bhupi'/ Click here to check corrigendum, if any Signature Not Verified Digitally signed By:SHITU NAGPAL ARB.P. 780/2022 Page 2 of 2 Signing Date:14.07.2022 16:05:31