Delhi High Court - Orders
Tenon Project Services Private Limited ... vs Jmd Limited & Anr on 29 July, 2021
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 464/2020
TENON PROJECT SERVICES PRIVATE LIMITED
& ANR. ..... Petitioners
Through Counsel (Appearance not given).
versus
JMD LIMITED & ANR. ..... Respondents
Through Mr Jaskaran Singh, Advocate.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 29.07.2021 [Hearing Held Through Videoconferencing]
1. The petitioner has filed the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereafter 'A&C Act'), inter alia, praying that an Arbitrator be appointed to adjudicate the disputes that have arisen between the parties in connection with the Agreement dated 27.08.2011.
2. The Letter of Intent which forms part of the Agreement includes an Arbitration Clause that reads as under:
"20. Arbitration: If any dispute, difference and or claim of any nature whatsoever arises out of, in connection with, or in relation to this offer, you shall promptly and in good faith attempt to negotiate and resolve the same. If the differences or disputes are not resolved mutually, you may request Managing Director, M/s JMD Ltd. for appointment of sole arbitrator as per arbitration & conciliation act 1996. The seat of arbitration shall be in NCR as decided by Signature Not Verified Digitally Signed By:DUSHYANT RAWAL Arbitrators or such other place as may be mutually agreed to between the parties. English Language shall be used through out the arbitral proceedings. The award given by sole arbitrator shall be final & binding of both the parties who will not file any appeal with the court of law."
3. The petitioner had invoked the Arbitration Clause by communication dated 18.08.2020. Admittedly, the parties have been unable to concur on appointment of an Arbitrator. The learned counsel appearing for the respondent fairly states that there is no dispute as to the existence of an agreement between the parties to refer the disputes to arbitration and the respondent has no objection if an Arbitrator is appointed.
4. In view of the above, the present petition is allowed.
5. Mr Pramod B. Agarwala, Advocate (Mobile No.9999105066) is proposed to be appointed as the Sole Arbitrator to adjudicate the disputes between the parties falling within the scope of the Arbitration Clause as set out above. The parties are at liberty to approach the learned Arbitrator for seeking his consent and necessary disclosure under Section 12(1) of the A&C Act.
6. Let the same be furnished before this Court before the next date of hearing.
7. List on 17.08.2021.
VIBHU BAKHRU, J JULY 29, 2021 nn Signature Not Verified Digitally Signed By:DUSHYANT RAWAL