Supreme Court - Daily Orders
Topline Solutions Pvt. Ltd vs Ranvir Kumar Sood Alias Ranvir K Sood on 25 February, 2025
Author: Sanjay Kumar
Bench: Sanjay Kumar
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
ARBITRATION PETITION NO. 60 OF 2024
TOPLINE SOLUTIONS PVT. LTD. ..... PETITIONER(S)
VERSUS
RANVIR KUMAR SOOD alias RANVIR K ..... RESPONDENT(S)
SOOD & ORS.
O R D E R
Learned counsel for the parties accept that there is an arbitration clause in the Consultancy Agreement dated 04.08.2023. Disputes and differences have arisen between the parties relating to this agreement.
The arbitration clause in the Consultancy Agreement dated 04.08.2023 reads as under: -
“5. Dispute/Resolution: Any dispute, difference, or controversy arising out of or relating to the interpretation of this agreement shall be settled by mutual consent of both the parties. If the parties are unable to resolve their dispute within thirty (30) days from the date of receipt of communication for holding negotiations between the parties then either party may refer such dispute to a sole Signature Not Verified Digitally signed by Deepak Guglani arbitrator appointed mutually by both the parties Date: 2025.02.28 16:21:33 IST Reason: and in the event of dispute. In case parties fail 1 to appoint the sole arbitrator by mutual consent, any party to the dispute shall be entitled to approach the court of competent jurisdiction for appointment of such arbitrator. The arbitral proceedings shall take place as per the provisions of Arbitration and Conciliation Act, 1996 and the seat of arbitration proceedings shall be at Delhi/New Delhi.
6. This agreement shall be deemed to have been executed at Delhi/New Delhi according to the laws of India. Any proceedings emanating from the aforesaid arbitral proceedings shall be subject to the sole and exclusive jurisdiction of court at Delhi/New Delhi.” Parties have not been able to mutually agree upon a common name for being appointed as the sole Arbitrator.
In view of the aforesaid position, we hereby nominate Mr. Rana Mukherjee, Senior Advocate of this Court, to act as the sole Arbitrator to decide the disputes inter se the parties. The learned Arbitrator will make a declaration in terms of the Sixth Schedule read with Section 12 of the Arbitration and Conciliation Act, 1996,1 within 15 days from the date a copy of this order is received by him.
Though this is a case of international arbitration, the Fourth Schedule to the 1996 Act will apply for payment of fee to 1 “1996 Act”, for short.
2 the learned Arbitrator. The seat and venue of arbitration will be Delhi/New Delhi.
The arbitration petition is disposed of in the above terms. We, however, clarify that we have not made any comment on the merits of the case.
Pending application(s), if any, shall stand disposed of.
................CJI.
(SANJIV KHANNA) ..................J. (SANJAY KUMAR) NEW DELHI;
FEBRUARY 25, 2025.
3
ITEM NO.10 COURT NO.1 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
ARBITRATION PETITION NO. 60 OF 2024 TOPLINE SOLUTIONS PVT. LTD. ..... PETITIONER(S) VERSUS RANVIR KUMAR SOOD alias RANVIR K ..... RESPONDENT(S) SOOD & ORS.
(IA No. 226748/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 25-02-2025 This matter was called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) :
Mr. Salvador Santosh Rebello, AOR Ms. Arzu Paul, Adv.
Ms. Manisha Gupta, Adv. Ms. Kritika, Adv.
Mr. Raghav Sharma, Adv. Mr. Jaskirat Pal Singh, Adv. Ms. Pooja Gill, Adv.
For Respondent(s) :
Ms. Astha Sharma, AOR Ms. Anju Thomas, Adv.
Mr. Sanjeev Kaushik, Adv.
UPON hearing the counsel the Court made the following O R D E R The arbitration petition is disposed of, in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(DEEPAK GUGLANI) (R.S. NARAYANAN) AR-cum-PS ASSISTANT REGISTRAR (signed order is placed on the file) 4