Servotech Power Systems Ltd vs Energy Efficiency Services Ltd. & Anr on 6 May, 2021

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Delhi High Court - Orders

Servotech Power Systems Ltd vs Energy Efficiency Services Ltd. & Anr on 6 May, 2021

Bench: J.R. Midha

                          $~O-2
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     ARB.P. 306/2021

                                SERVOTECH POWER SYSTEMS LTD.          ..... Petitioner
                                            Through: Mr. Rajat Asija and Mr. Neeraj
                                                     Gupta, Advocates

                                                    versus

                                ENERGY EFFICIENCY SERVICES LTD. & ANR...... Respondents
                                              Through: Mr. Tushar Jain, Advocate for R-1

                                CORAM:
                                HON'BLE MR. JUSTICE J.R. MIDHA

                                       ORDER

% 06.05.2021

1. The petitioner is seeking appointment of an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act.

2. The arbitration agreement between the parties is contained in clause 6 of the letter of award dated 31st July, 2015. The petitioner invoked the arbitration on 19th October, 2020.

3. The arbitration agreement between the parties is not disputed. Learned counsel for the respondent No.1, however, submits that the petitioner reproduced an incorrect arbitration clause in para 7.11 of the petition. It is submitted that the arbitration agreement between the parties is contained in clause 6 of the letter of award dated 31st July, 2015.

4. Learned counsel for the petitioner admits that inadvertently the wrong arbitration clause has been reproduced in para 7.11 of the petition. It is Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:11.05.2021 13:02:38 submitted that this Court may proceed according to clause 6 of the letter of award dated 31st July, 2015 which is not disputed by counsel for respondent No.1.

5. Learned counsel for respondent No.1 further submits that respondent No.1 did not receive the notice of invocation dated 19th October, 2020, alleged to have been sent by the petitioner. Learned counsel for the petitioner submits that the petitioner has filed the tracking report to show that the notice was validly served on respondent No.1.

6. Learned counsel for the petitioner submits that the petitioner has claim to the tune of Rs.2.14 crores against the respondents. Learned counsel for the petitioner further submits that the arbitration proceedings be conducted according to the rules of Delhi International Arbitration Centre (DIAC).

7. This Court is of the view that there is no impediment to the appointment of an Arbitrator in the present case.

8. The petition is allowed and Mr. A. K. Bhardwaj, Advocate (Mobile No.9811184429) is appointed as a sole Arbitrator to adjudicate the disputes between the parties.

9. The arbitration shall be conducted under the aegis of Delhi International Arbitration Centre (DIAC).

10. The learned arbitrator shall ensure the compliance of Section 12 read with Fifth, Sixth and Seventh Schedule of Arbitration and Conciliation Act, 1996 before commencing the arbitration.

11. The fee of the learned arbitrator shall be in accordance with the Schedule of fees prescribed under the Delhi International Arbitration Centre (DIAC) (Administrative Costs and Arbitrators' Fees) Rules, 2018.

Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:11.05.2021 13:02:38

12. Copy of this order be sent to the learned arbitrator.

13. Copy of this order be sent to Delhi International Arbitration Centre (DIAC).

J.R. MIDHA, J.

MAY 06, 2021 ds Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:11.05.2021 13:02:38

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Delhi High Court - Orders