Delhi High Court - Orders
Stup Consultants Private Limited vs Voyants Solutions Private Limited on 4 September, 2023
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (T) (COMM.) 30/2023 I.A. 7148/2023
STUP CONSULTANTS PRIVATE LIMITED
..... Petitioner
Through: Mr.Tishampati Sen, Ms.Riddhi
Sancheti, Mr.Anurag Anand and
Mr.Himanshu Kaushal, Advocates.
versus
VOYANTS SOLUTIONS PRIVATE LIMITED
..... Respondent
Through: Mr.Sushil Kumar Singhal, Advocate.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 04.09.2023
1. This petition is filed for terminating the mandate of the learned sole arbitrator.
2. The respondent counsel appearing referred to the consortium agreement dated 08.06.2018. It is alleged certain disputes arose regarding the payment under the contract and subsequently legal notice was issued. The respondent on 02.11.2022 had issued a notice whereby the respondent nominated its officer as an arbitrator. This was objected to by the learned counsel for the petitioner stating interalia per law laid in Perkins Eastman Architects DPC and Anr. v. HSCC (India) Limited AIR 2020 SC 59, such appointment would not sustain.
3. The arbitration clause is as under:
12. DISPUTES a. In the event of, any dispute or difference arising out of or relating to this Agreement or the breach thereof, the Parties This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:08:29 hereto shall use their best endeavors to settle such disputes or differences. To this effect, they shall consult and negotiate with each other, in good faith and understanding of their mutual interest, to reach a just and equitable solution satisfactory to both Parties.
b. Arbitration i. Any such dispute which may not be resolved through the aforesaid process within a period of thirty (30) clays from the date of notice of dispute, in writing being served, then the dispute or difference shall be resolved by the process of arbitrat.ion that shall be held at Delhi, in accordance with the Arbitration and Conciliation Act 1996 and the amendments thereto from time-to-time.
ii. The dispute shall be referred to a Sole Arbitrator. The Arbitrator shall be appointed mutually by the Parties. However, in case no mutual understanding is reached between the Parties with regard to the appointment of the Sole Arbitrator within thirty (30) days of referral, either of the Parties shall be entitled to approach the Indian Council of Arbitration for appointment of an Arbitrator. iii. The decision of the Arbitrators shall be binding upon the Parties and enforceable in any court of competent jurisdiction.
iv. The cost of the arbitration proceeding will be collectively shared by the Parties.
v. This Provision shall survive the termination or expiration of this Agreement.
4. It is submitted by learned counsel for the respondent only an arbitrator from Indian Council of Arbitration be appointed since the arbitration clause (supra) makes note of this fact. However, admittedly, no notice of such appointment within 30 days of the referral was ever issued by either party to refer it to Indian Council of Arbitration. In the circumstances, Mr.Ravi Prakash, Advocate (Mobile No.9810529222) is appointed as a sole arbitrator to arbitrate the dispute between the parties under the aegis of This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:08:29 DIAC. The fee structure of DIAC shall be followed.
5. The rights and contentions of the parties shall remain open.
6. The petition stands disposed of. Pending application also stands disposed of.
YOGESH KHANNA, J.
SEPTEMBER 04, 2023 VLD This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:08:29