Delhi High Court - Orders
Proelium Learning Solutions Private ... vs Anand Sagar Public School on 15 March, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 126/2022
PROELIUM LEARNING SOLUTIONS PRIVATE LIMITED
..... Petitioner
Through: Mr. Rohit Kathuria, Mr. Sagar
Chauhan and Mr. Sanjay Kumar
Yadav, Advocates.
versus
ANAND SAGAR PUBLIC SCHOOL ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 15.03.2022
1. In terms of the affidavit of service dated 14th March, 2022, the Respondents have been served through speed post in terms of the tracking report enclosed with the affidavit.
2. Since there is no appearance on behalf of the Respondent, the instant petition has been heard ex parte.
3. The Petitioner seeks appointment of a Sole Arbitrator for adjudication of disputes pertaining to Memorandum of Understanding ("MoU") dated 29th November, 2019 which contains an arbitration clause.
4. Since there is no contest to the present petition, the same deserves to be allowed. Accordingly, the present petition is allowed and Mr. Mohit Gupta, Advocate [Contact No.: +91 9312833620] is appointed as the Sole Arbitrator to adjudicate the disputes pertaining to the Memorandum of Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:16.03.2022 11:58:35 Understanding dated 29th November, 2019.
5. The parties are directed to appear before the learned Sole Arbitrator as and when notified. This is subject to the learned Arbitrator making necessary disclosure(s) under Section 12(1) of the Act and not being ineligible under Section 12(5) of the Act.
6. The learned Arbitrator will be entitled to charge his fee in terms of the provisions of the Fourth Schedule appended to the Act.
7. It is clarified that the Court has not examined any of the claims of the parties and all rights and contentions on merits are left open. Both the parties shall be free to raise their claims/counter claims before the learned Arbitrator in accordance with law.
8. The present petition is allowed and stands disposed of.
SANJEEV NARULA, J MARCH 15, 2022 as Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:16.03.2022 11:58:35