Delhi High Court - Orders
Morani Motors Pvt. Ltd vs Hero Motorcorp Limited on 25 February, 2022
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~3(2021)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 72/2022
MORANI MOTORS PVT. LTD. ..... Petitioner
Through Mr Sandeep Chilana, Advocate
versus
HERO MOTORCORP LIMITED ..... Respondent
Through Mr Rahul Malhotra, Advocate.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 25.02.2022 [Hearing held through videoconferencing]
1. The petitioner has filed the above captioned petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter 'the A&C Act') impugning an arbitral award dated 29.06.2021.
2. The said petition was heard on 11.02.2022 and Mr Malhotra, learned counsel appearing for the respondent, had fairly conceded that the petition be allowed and the impugned award be set aside.
3. In addition, the learned counsel appearing for the parties had jointly requested that an Arbitrator be appointed to adjudicate the disputes between the parties.
4. Although, the scope of the proceedings under Section 34 of the A&C Act does not extend to the appointment of an arbitrator, this Court had indicated that this Court could accede to the said request subject to the Signature Not Verified Digitally Signed By:Dushyant Rawal Signing Date:02.03.2022 parties filing a Joint Memo in writing. This was considered necessary since the Arbitration Clause between the parties provided that the arbitration would be conducted under the aegis of PHD Chamber of Commerce & Industry. But the parties unwilling for the arbitration to be conducted under the aegis of the said institution.
5. The parties have since filed a Joint Memo to this Court and the same has been sent to this Court electronically. The Court Master is directed to take that on record.
6. In view of the consensus between the parties, the impugned award dated 29.06.2021 is set aside.
7. Justice (Retired) Badar Durrez Ahmed, former Chief Justice of Jammu & Kashmir High Court (Mobile No.- 7042205786) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties arising in relation to or in connection with the Dealership Agreement dated 24.08.2003. This is subject to the learned Arbitrator making the necessary disclosure as required under Section 12(1) of the A&C Act and not being ineligible under Section 12(5) of the A&C Act. The parties are at liberty to approach the learned Arbitrator for further proceedings.
8. The petition is allowed in the aforesaid terms.
VIBHU BAKHRU, J FEBRUARY 25, 2022 pkvs Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:Dushyant Rawal Signing Date:02.03.2022