Delhi High Court - Orders
Vivek Girdhar vs Genpact India Private Limited on 7 January, 2021
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 30/2021 & I.A. 169/2021
VIVEK GIRDHAR ..... Petitioner
Through: Mr Ankur Sudan, Advocate along
with petitioner in person.
versus
GENPACT INDIA PRIVATE LIMITED ..... Respondent
Through: Mr Kamal Shankar and Mr Priyank
Ladoia, Advocates for R-1.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 07.01.2021 [Hearing held through videoconferencing] I.A. 169/2021
1. Allowed, subject to all just exceptions.
ARB.P. 30/20212. The petitioner has filed the present application under Section 11 of the Arbitration and Conciliation Act, 1996 (hereafter „Act‟), inter alia, praying that an Arbitrator be appointed to adjudicate the disputes that have arisen between the parties relating to the Appointment Letter dated 29.08.2013 (the Agreement). The Agreement contains an arbitration clause, which reads as under:-
"17. Any and all disputes arising in connection with the appointment letter shall be referred to arbitration which shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 by a Sole Arbitrator appointed by Signature Not Verified digitally signed by:DUSHYANT RAWAL the General Counsel of the Company. The venue of the Arbitration shall be Delhi and the language shall be English. You agree to submit yourself to the exclusive territorial jurisdiction of courts at Delhi."
3. By a letter dated 19.11.2020, the petitioner invoked the arbitration clause and had called upon the respondent to mutually arrive at a procedure for appointment of an Arbitrator. Since, no response was received to the said notice, the petitioner had filed the present application.
4. It is stated that after the present application was filed, the respondent had responded to the said notice and had suggested names of two arbitrators; however, the same are not acceptable to the petitioner.
5. There is no dispute that the arbitration agreement exists between the parties. It is also not disputed that the respondent had not appointed the arbitrator prior to the present petition being filed.
6. In view of the above, this court considers it apposite to allow the present application. Accordingly, Justice Brijesh Sethi, Former Judge of Delhi of High Court of Delhi, (Mobile No.9910384669) is appointed as a Sole Arbitrator to adjudicate the disputes that had arisen between the parties in connection with the Agreement (Appointment Letter dated 29.08.2013). This is subject to the Arbitrator making the necessary disclosure under Section 12 of the Act and further not being ineligible under Section 12(5) of the Act.
7. The application is allowed in the aforesaid terms.
VIBHU BAKHRU, J JANUARY 7, 2021/MK Signature Not Verified digitally signed by:DUSHYANT RAWAL