Delhi High Court - Orders
Renaissance Realty vs Royalgolf Link City Projects Pvt Ltd on 20 December, 2023
Author: Sachin Datta
Bench: Sachin Datta
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB(P.) 92/2023
RENAISSANCE REALTY ..... Petitioner
Through: Ms. Suneha Jain and Mr. Satinder
Kumar Tyagi, Advs.
versus
ROYALGOLF LINK CITY PROJECTS PVT LTD. ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 20.12.2023
1. The present petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 (the "A&C Act") seeks appointment of an independent sole arbitrator to adjudicate the disputes between the parties.
2. The disputes between the parties have arisen out of a Retainership agreement dated 11.07.2019, executed between the parties, wherein the respondent was to pay the monthly retainership fee to the petitioner against the services rendered.
3. Admittedly, the Retainership agreement contains an arbitration clause in the following terms:
"4. ARBITRATION:
In the event of any dispute arising out of this Agreement, the same shall be resolved through arbitration in accordance with the provision of the Arbitration and Conciliation Act, 1996. A Sole Arbitrator shall be appointed by the Broker and his Arbitration fee shall be equally shared by both the parties and place & seat of arbitration shall be at New Delhi. It is further agreed that courts at Delhi alone shall have exclusive jurisdiction to try and entertain any application /petition under the Arbitration & Conciliation Act, 1996. "
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4. Disputes having arisen between the parties on account of the alleged outstanding dues payable by the respondent to the petitioner under the concerned agreement, the petitioner invoked the arbitration clause vide letter dated 28.09.2022. The said letter was not replied to by the respondent.
5. The existence of the arbitration clause is evident from the retainership agreement dated 11.07.2019.
6. In the circumstances, there is no impediment in appointing an independent sole Arbitrator to adjudicate the disputes between the parties as mandated in Perkins Eastman Architects DPS vs. HSCC (India) Ltd. AIR 2020 SC 59.
7. Accordingly, Ms. Vasundhara Bakhru, Advocate (Mobile - +91 9873033384) is appointed as the sole Arbitrator to adjudicate the disputes between the parties.
8. The learned Sole Arbitrator may proceed with the arbitration proceedings subject to furnishing to the parties requisite disclosures as required under Section 12 of the A & C Act.
9. The respondent shall be at liberty to urge its preliminary objections as regards jurisdiction/arbitrability before the concerned Arbitrator and the same shall be decided by learned arbitrator, in accordance with law.
10. The learned Sole Arbitrator shall be entitled to fee in accordance with Fourth Schedule to the A & C Act; or as may otherwise be agreed to between the parties and the learned Sole Arbitrator.
11. Parties shall share the arbitrator's fee and arbitral costs, equally.
12. All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law.
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 24/12/2023 at 00:05:35
13. Needless to say, nothing in this order shall be construed as an expression of opinion of this court on the merits of the contentions of the parties.
14. The present petition stands disposed of in the above terms.
SACHIN DATTA, J DECEMBER 20, 2023/ ss 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 24/12/2023 at 00:05:36