Delhi High Court - Orders
Jubilant Foodworks Limited vs Indo Pacific Projects Ltd on 5 January, 2023
Author: Navin Chawla
Bench: Navin Chawla
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 1272/2022
JUBILANT FOODWORKS LIMITED ..... Petitioner
Through: Mr.Mayank Mehandru, Ms.Charu
Tandon & Mr.Raghav Tandon Adv
versus
INDO PACIFIC PROJECTS LTD. ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 05.01.2023
1. This petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') seeking for appointment of a Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the 'Business Conducting Agreement' dated 25.10.2012 executed between the parties.
2. The Arbitration Agreement is contained in Clauses 9.2 and 9.3 of the Agreement, which are reproduced hereinbelow:-
"9.2 In case of any dispute or difference arising out of or in relation to this Business Conducting Agreement, then the same shall be resolved and settled with the provision of the Arbitration and Conciliation Act 1996 or any statutory modification or re-enactments thereof. The place of Arbitration shall be New Delhi.
9.3 The parties to this Agreement agree that the Court(s) in Delhi only shall have exclusive jurisdiction regarding any matter arising out of or related to this Agreement, subject always to the Arbitration Clause."
3. Disputes having arisen between the parties, the petitioner invoked the Signature Not Verified Digitally Signed By:RENUKA NEGI Signing Date:06.01.2023 19:16:14 Arbitration Agreement vide notice dated 25.05.2021. Having failed to receive a response from the respondent, the present petition was filed.
4. Notice on the present petition was issued to the respondent by an order dated 16.11.2022.
5. The petitioner has filed an Affidavit of Service dated 03.01.2023 stating that notice issued by this Court has been duly served on the respondent by way of speed-post on 26.12.2022.
6. In spite of service of notice, none appears for the respondent, though the matter was passed over once.
7. As the existence of the Arbitration Agreement and due invocation thereof have remained uncontested by the respondent, I see no impediment in appointing an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the abovementioned 'Business Conducting Agreement'.
8. I accordingly appoint Mr. Shakti Singh, G9, LGF, Jangpura Extension, New Delhi- 110014 (Mobile: 9810067777) as a Sole Arbitrator. The Arbitrator shall give a disclosure in terms of Section 12 of the Act before proceeding with the reference. The fee of the Arbitrator shall be governed by Schedule IV of the Act.
9. The petition is allowed in the above terms.
NAVIN CHAWLA, J JANUARY 5, 2023/rv Signature Not Verified Digitally Signed By:RENUKA NEGI Signing Date:06.01.2023 19:16:14