Delhi High Court - Orders
Ms Shell India Markets Pvt Ltd vs Ms Morani Motoparts Pvt. Ltd & Ors on 10 November, 2022
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 602/2022
MS SHELL INDIA MARKETS PVT LTD
..... Petitioner
Through: Appearance not given.
versus
MS MORANI MOTOPARTS PVT. LTD & ORS.
..... Respondent
Through: None
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 10.11.2022
1. An application under Section 11 of the Arbitration and Conciliation Act, 1966 has been filed for appointment of the Arbitrator.
2. Facts in brief are that in February, 2015, a Letter dated 20.02.2015 was addressed to the respondent by the petitioner offering to supply the branded lubricant products pursuant to issuance of purchase orders in terms of the GTC. The petitioner agreed to supply the products pursuant to issuance of Purchase Orders by the respondent.
3. Purchase Orders were subsequently issued and supplies were made against the Invoices. The Invoices contained an abridged version of the General Terms and Conditions for the sale of products and a reference was made to the Original and Complete General Terms and Conditions (GTC) for the Sale of Shell Lubricants as available on WWW.Shell.com/India Signature Not Verified Digitally Signed By:SAHIL SHARMA Signing Date:11.11.2022 17:43:43 (hereinafter referred to as 'GTC') and were adhered by the parties in their transactions.
4. It is claimed that in the year 2019, various Purchase Orders were placed on the petitioner against which he made requisite supplies but the respondent failed to make the timely payments despite repeated reminders issued on various dates. The respondent on 03.02.2020 admitted the overdue amount arising out of the said Invoices. However, he has failed to make any payment in terms of the GTC.
5. The petitioner was thus constrained to invoke the Arbitration Clause stipulated under Clause 29.3of the GTC by way of a Notice dated 02.08.2021 under Section 21 of the Act which was duly served upon the respondent. A Reply dated 09.09.2021 was sent by the respondent where he disputed the Agreement and its outstanding liability.
6. According to the petitioner, a sum of Rs. 30,04,581,20/- along with the interest @ 18% p.a. is the principal amount due and payable by the respondent against the eight Invoices. A prayer is therefore made that the Arbitrator may be appointed.
7. The respondents were duly served and the Affidavit of Service has also been filed on behalf of the petitioner, despite which none has appeared on behalf of the respondent.
8. In terms of the arbitrable disputes as disclosed in the petition and the Arbitration Clause 29.3 of the GTC, Ms. Abha Malhotra, Advocate, Mobile NO. 9810777876 is hereby appointed as the independent Arbitrator to adjudicate the disputes between the parties.
9. The parties are at liberty to raise their respective objections before the Arbitrator.
Signature Not Verified Digitally Signed By:SAHIL SHARMA Signing Date:11.11.2022 17:43:4310. The fees of the learned Arbitrator would be fixed in accordance with the IV Schedule to A&C Act, 1996 or as consented by the parties.
11. This is subject to the Arbitrator making necessary disclosure as under
Section 12(1) of A&C Act, 1996 and not being ineligible under Section 12(5) of the A&C Act, 1996.
12. Learned counsels for the parties are directed to contact the learned Arbitrator within one week of being communicated a copy of this Order to them by the Registry of this Court. A copy of this Order be sent to the learned Arbitrator for information.
13. The petition is accordingly allowed.
NEENA BANSAL KRISHNA, J NOVEMBER 10, 2022/PA Signature Not Verified Digitally Signed By:SAHIL SHARMA Signing Date:11.11.2022 17:43:43