Delhi High Court - Orders
Aakash Educational Services Ltd vs Ms Lotus Education & Ors on 1 November, 2023
Author: Dinesh Kumar Sharma
Bench: Dinesh Kumar Sharma
$~23, 24, 2 & 26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 1138/2023
+ ARB.P. 1139/2023
+ ARB.P. 1114/2023
+ ARB.P.1142/2023
AAKASH EDUCATIONAL SERVICES LTD ..... Petitioner
Through: Mr. Anunaya Mehta, Adv. with Ms.
Satya Jha, Mr. Vinayak Thakur,
Advs.
versus
MS LOTUS EDUCATION & ORS. ..... Respondents
Through: Mr. Amit Kumar Maihan, Adv. (VC)
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
ORDER
% 01.11.2023 I.A. 21603/2023 in ARB.P. 1138/2023 I.A. 21624/2023 in ARB.P. 1139/2023 I.A.21690/2023 in ARB.P.1142/2023 Exemptions are allowed subject to all just exceptions. ARB.P. 1138/2023, ARB.P. 1139/2023, ARB.P. 1114/2023 and ARB.P.1142/2023 The present petitions have been filed under Section 11 of the Arbitration and Conciliation Act, 1996 by the petitioners for adjudication of the inter se disputes between the parties.
Learned counsel for the petitioner submits that there is a specific arbitration clause between the parties. Learned counsel further submits that as per arbitration clause, the petitioner was entitled to appoint the arbitrator and in view of that the arbitrator was appointed unilaterally and the award This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/11/2023 at 00:26:27 was passed. However, that award has been set-aside by the learned Court and therefore the petitioner invoked the arbitration clause again and filed the present petitions.
Issue notice.
Mr. Amit Kumar Maihan, learned counsel has appeared through VC and accepts notice on behalf of the respondents and seeks time to file the reply.
Learned counsel for the respondents submits that in fact the petitioner had already invoked the arbitration clause and appointed the arbitrator unilaterally and the award passed by the learned Arbitrator has been set- aside. Learned counsel further submits that therefore the petitioner cannot invoke the arbitration clause again. Learned counsel states that he shall assist the Court in proper manner and adjournment may be given as he has been received the paper book only yesterday.
Let reply be filed within four weeks with copy to the learned counsel for the petitioner. Rejoinder thereto, if any, be filed within four weeks thereafter with copy to the learned counsel for the respondents.
List on 15.12.2023.
DINESH KUMAR SHARMA, J NOVEMBER 1, 2023 Pallavi This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/11/2023 at 00:26:27