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Ajay Bijani Through Attorney Sanjay ... vs M/S Splendor Landbase Pvt. Ltd on 19 September, 2022

Author: Prateek Jalan

Bench: Prateek Jalan

                          $~2
                          *   IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +   ARB.P. 780/2022 & I.A. 10550/2022
                              AJAY BIJANI THROUGH ATTORNEY
                              SANJAY DHAMIJA & ANR.                           ..... Petitioner
                                              Through: Ms. Ayushi Chugh, Advocate
                                                           (Mobile    Nos.     9953767798,
                                                           9911150207).
                                                       versus
                              M/S SPLENDOR LANDBASE PVT. LTD.              ..... Respondent
                                              Through: Mr. Sarthak Gupta, Ms. Yashika
                                                           Verma, Advocates (Mobile No.
                                                           8826615068).
                          CORAM:
                          HON'BLE MR. JUSTICE PRATEEK JALAN

                                                  ORDER

% 19.09.2022

1. By way of this petition under Section 11 of the Arbitration and Conciliation Act, 1996, the petitioners seek appointment of an arbitrator to adjudicate the disputes arising between them under a Memorandum of Understanding ["MoU"] dated 23.08.2019.

2. Ms. Jyotika Kalra, learned counsel for the petitioners, draws my attention to an arbitration clause contained in Clause 8 of the MoU, which requires resolution of disputes by arbitration, the venue of the arbitration being in New Delhi. Clause 9 of the MoU vests exclusive jurisdiction in the Courts in New Delhi in case of any dispute between the parties.

3. By way of a counsel's communication, stated to have been sent on 04.09.2021, by the petitioner to the respondent, the petitioner invoked the arbitration clause. Ms. Kalra states that the said notice has failed to elicit a response from the respondent.

4. Notice was issued in this petition on 13.07.2022.

5. Mr. Sarthak Gupta, learned counsel, appears on behalf of the respondent, and agrees to reference to arbitration. He, however, submits that, as suggested by the petitioner in the invocation letter dated 04.09.2021, disputes may be referred to Delhi International Arbitration Centre, Delhi High Court, Shershah Road, New Delhi-110503 ["DIAC"] for arbitration, leaving all rights and contentions of the parties open for adjudication by the learned arbitrator.

6. The petition is, therefore, disposed of with the consent of learned counsel for the parties with the following directions:-

a. The disputes between the parties under the MoU are referred to arbitration of Mr. Vaibhav Agnihotri, Advocate [Tel:-

9811113432].

b. The arbitration will be held under the aegis of DIAC, and will be governed by the Rules of DIAC, including as to the remuneration of the learned Arbitrator. c. The learned Arbitrator is requested to make a declaration under Section 12 of the Act prior to entering into the reference.

7. It is made clear that all rights and contention of the parties are left open to be adjudicated by the learned Arbitrator.

8. The petition, alongwith pending application, is disposed of with these directions.

PRATEEK JALAN, J SEPTEMBER 19, 2022 'vp'/ Click here to check corrigendum, if any Signature Not Verified Digitally signed ARB.P.780/2022 Page 2 of 2 By:SHITU NAGPAL Signing Date:20.09.2022 11:48:56