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Sonali Associates Private Limited vs Mist Avenue Private Limited & Ors on 6 November, 2020

Author: Rekha Palli

Bench: Rekha Palli

                                                                               Via video conferencing
                          $~OS-1
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     ARB.P. 555/2020
                                SONALI ASSOCIATES PRIVATE LIMITED      ..... Petitioner
                                             Through: Mr.Ankur Sudan, Adv.

                                                    versus

                                MIST AVENUE PRIVATE LIMITED & ORS.                   ..... Respondents
                                             Through: None.

                                CORAM:
                                HON'BLE MS. JUSTICE REKHA PALLI
                                          ORDER

                          %               06.11.2020
                          I.A. 10182/2020

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

3. This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator for adjudication of disputes which have arisen between the parties in relation to agreement dated 17.07.2013.

4. Learned counsel for the petitioner submits that upon disputes having arisen between the parties, the petitioner invoked arbitration vide its notice dated 09.09.2020, but has received no response thereto. He therefore, prays that an independent Arbitrator be appointed by this Court.

5. At the outset, learned counsel for the petitioner submits that though respondent nos.2, 3 and 5 have been arrayed as party respondents in the Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:07.11.2020 18:04:31 present petition, they are only Directors of respondent nos.1 and 4 respectively and are not parties to the Arbitration agreement. He, therefore prays that their names be deleted.

6. Accordingly, at the oral request of the learned counsel for the petitioner, respondent nos.2, 3 and 5 are deleted from the array of parties. Amended memo of parties be filed within one week.

7. Issue notice to the respondent nos.1 and 4 by all permissible modes including electronic means returnable on 13.01.2021 on the email address to be furnished by the petitioner within three days.

8. Reply, if any, be filed within three weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.

REKHA PALLI, J NOVEMBER 6, 2020 gm Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:07.11.2020 18:04:31