Ashoke Kumar Sen Prop Of M/S Matrix ... vs M/S Jeshra Instruments Pvt Ltd on 29 March, 2023

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Delhi High Court - Orders

Ashoke Kumar Sen Prop Of M/S Matrix ... vs M/S Jeshra Instruments Pvt Ltd on 29 March, 2023

Bench: Chandra Dhari Singh

                 $~22
                 *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                 +    ARB.P. 361/2023 & I.A. 6201/2023
                      ASHOKE KUMAR SEN PROP OF M/S MATRIX HEALTHCARE
                      INDIA                                         ..... Petitioner
                                      Through: Mr.Jitendra Rajput, Advocate
                                                   (Through VC)

                                             versus

                          M/S JESHRA INSTRUMENTS PVT LTD                       ..... Respondent
                                        Through: Nemo

                       CORAM:
                       HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
                                        ORDER

                 %                      29.03.2023
                 I.A. 6200/2023 (Exemption)

Subject to the petitioner filing the clear, original and legible/typed copies of any dim documents on which the petitioner may seek to place reliance, within four weeks from today, exemption is granted for the present.

The application is disposed of.

I.A. No. 6201/2023 (condonation of delay ) The petitioner vide the present application has sought the condonation of delay of 10 days in reifiling the petition submitting to the effect that the delay occurred due the time taken in removing objections.

Heard the learned counsel appearing for the petitioner. In view of the averments made in the application, the application is allowed and the delay of 10 days in re-filing the petition is condoned.

The application is disposed of.

Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:05.04.2023 17:41:11 ARB.P.361/2023

1. The petitioner vide the present petition under Section 11(6) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as „the Act‟) has sought the following reliefs:

"a. to appoint an independent, impartial and sole arbitrator. b. to direct the respondent to appoint a sole arbitrator to resolve the dispute.

c. Grant such other and further relief as this Hon'ble Court may deem fit and proper under the circumstances of the case."

2. The learned counsel appearing for the petitioner submitted that the petitioner M/s Matrix Healthcare India a company having its registered office at 306, 3rd Floor, Neelkanth Chambers-2, Plot No.14, L.S.C., Saini Enclave, Karkardooma and the respondent, also a company, engaged in the business of manufacturing, developing and marketing blood bank equipments for processing and storage purposes, entered into an agreement dated 10th May, 2018 and as per the settlement with the respondent the petitioner handed over four blank security cheques to the respondent qua the condition put by the respondent to take said security cheques by a proposed channel partner in the territory allotted to the channel partner, i.e., the petitioner and thus the petitioner was appointed as the Channel Partner of the respondent vide Channel Partnership Agreement dated 10 th May, 2018 (hereinafter referred to as „the Agreement‟) for North India for a fixed period of three years.

3. The learned counsel appearing for the petitioner further submitted that as per the terms 3.4 to 3.10 of the said Agreement the respondent was not supposed to supply the material in North India without prior written consent Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:05.04.2023 17:41:11 of the petitioner but the respondent violated the said terms under the Agreement and supplied the material to M/s S.A. Ethics in Delhi and also to District Hospital Mathura without any information to the petitioner as also without the consent of the petitioner. It is further submitted on behalf of the petitioner that till date the respondent has not paid the difference amount against the three blood banks set up by the respondent in the territory of the petitioner.

4. The learned counsel appearing for the petitioner further submits that when the petitioner asked the respondent to pay the dues of the petitioner the respondent misused the four security cheques and filed two criminal complaints against the petitioner. It is further submitted on behalf of the that the petitioner also stepped into settle the dispute by filing pre-litigation application before the Shahdara District Legal Services Authority dated 2 nd May, 2022, however, the respondent did not appear.

5. It is further submitted on behalf of the petitioner that the disputes that have arisen between the parties are arbitral in nature and required to be adjudicated through arbitration as per para 14 of the Agreement. It is further submitted on behalf of the petitioner that the petitioner issued a notice under Section 21 of the Act dated 24th September, 2022 to the respondent, however, the same has not been replied to by the respondent and thus the petitioner has filed the present petition seeking the appointment of an independent arbitrator to adjudicate the arbitral disputes between the parties.

6. Heard the learned counsel appearing for the petitioner and perused the record.

7. Issue notice of the petition to the respondent on taking steps by the Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:05.04.2023 17:41:11 petitioner within a week, through all permissible modes, returnable on 9 th May, 2023.

CHANDRA DHARI SINGH, J MARCH 29, 2023 SV/AS Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:05.04.2023 17:41:11

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Delhi High Court - Orders