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Sunshine Teahouse Private Limited vs Subash Bansal Nirmala Bansal on 8 December, 2020

Author: Rekha Palli

Bench: Rekha Palli

                                                                                 Via Video Conferencing
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                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     ARB.P. 720/2020

                                SUNSHINE TEAHOUSE PRIVATE LIMITED
                                                                                           ..... Petitioner
                                                    Through       Mr. Sanjeet Singh and Mr Akshay
                                                                  Sapra, Advs.
                                                    Versus

                                SUBASH BANSAL NIRMALA BANSAL
                                                                                       ..... Respondent
                                                    Through       Mr. Mayank Garg and Mr. Paranjay
                                                                  Chopra, Advs.
                                 CORAM:
                                 HON'BLE MS. JUSTICE REKHA PALLI
                                          ORDER

% 08.12.2020 I.A. 11602/2020

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

3. This is a petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') seeking appointment of an Arbitrator for adjudication of disputes which have arisen between the parties in relation to the agreement dated 28.06.2019.

4. Learned counsel for the petitioner submits that when disputes arose, the respondent invoked arbitration and suggested the names of three persons for appointment of the sole Arbitrator, but these names were not acceptable to the petitioner. The petitioner, in turn, suggested the name of another person, which was not acceptable to the respondent. He therefore, prays that an independent Signature Not Verified DigitallySigned By:MANJU BHATT Signing Date:08.12.2020 22:39:38 Arbitrator be appointed by this Court.

5. Issue notice. Mr. Chopra, Advocate, accepts notice on behalf of the respondent and submits that, without admitting the contents of the petition, the respondent has no objection to the appointment of an independent Arbitrator by this Court.

6. In the light of the aforesaid stand taken by the respondent as also the admitted position that the agreement dated 28.06.2019 contains an arbitration clause, the petition is allowed by appointing Ms. Rashmi Nandakumar, Advocate (Mob: +91 9810931343) as the sole Arbitrator. Upon entering reference, the learned Arbitrator will make a disclosure under Section 12 of the Act and the fee of the learned Arbitrator will be determined according to Schedule IV of the Act.

7. It is made clear that this Court has not examined the rival submissions of the parties on merits and therefore, it will be open for the parties to raise all claims and counter-claims before the learned Arbitrator, which will be decided in accordance with law.

8. The petition is disposed of in the aforesaid terms.

9. At this stage, learned counsel for the parties jointly submit that they intend to explore the possibility of an amicably settling their dispute. It is, therefore, directed that the learned Arbitrator will not enter reference for the next four weeks. In case the parties are successful in amicably resolving the dispute forming the subject matter of this petition within the next four weeks, this order referring the matter for arbitration shall no longer bind the parties.

REKHA PALLI, J DECEMBER 8, 2020/acm Signature Not Verified DigitallySigned By:MANJU BHATT Signing Date:08.12.2020 22:39:38