Delhi High Court - Orders
Buildmyinfra Private Limited vs Gyan Prakash Mishra on 20 May, 2022
Author: Prateek Jalan
Bench: Prateek Jalan
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 340/2022
BUILDMYINFRA PRIVATE LIMITED ..... Petitioner
Through: Ms. Tia Majumdar, Advocate.
[M:- 9999132712]
versus
GYAN PRAKASH MISHRA ..... Respondent
Through: Appearance not given.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 20.05.2022
1. By way of this petition under Section 11 of the Arbitration and Conciliation Act, 1996 ["the Act"], the petitioner seeks appointment of an arbitrator for resolution of disputes between the petitioner and the respondent under an agreement entitled "Confidentiality and Non- Compete Agreement" dated 01.07.2019. The copy of the agreement which has been placed on record as document P-4 in the petitioner's documents, admittedly does not contain the signature of the petitioner's representative. The arbitration clause contained in clause 7.3 of the said agreement also contemplates that "the place of arbitration shall be Gurgaon".
2. Ms. Tia Majumdar, learned counsel for the petitioner, seeks an opportunity to address argument on the jurisdiction of this Court for the purposes of Section 11 of the Act and upon the question of whether a Signature Not Verified Digitally Signed By:SHITU NAGPAL ARB.P. Signing Date:21.05.2022 19:56:54 340/2022 Page 1 of 2 valid arbitration agreement has arisen in these circumstances.
3. At her request, list on 22.07.2022.
4. Reply may be filed within three weeks. Learned counsel for the parties are also at liberty to place short written submissions, alongwith copies of any judgments upon which they wish to rely, within two weeks thereafter.
PRATEEK JALAN, J MAY 20, 2022 'pv'/ Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:SHITU NAGPAL ARB.P. Signing Date:21.05.2022 19:56:54 340/2022 Page 2 of 2