Supreme Court - Daily Orders
Oberoi International School vs Aaron Allan Delane on 7 May, 2025
Author: Sanjay Kumar
Bench: Sanjay Kumar
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
ARBITRATION PETITION NO. 76/2024
OBEROI INTERNATIONAL SCHOOL ..... PETITIONER(S)
VERSUS
AARON ALLAN DELANE ..... RESPONDENT(S)
O R D E R
This petition under Section 11(6) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996 1 has been filed by Oberoi International School seeking appointment of a sole Arbitrator.
As per the office report, the respondent, namely, Aaron Allan Delane, refused to accept service of notice from ABC Legal Services on 03.03.2025.
None is present on behalf of the respondent and he is, accordingly, set ex parte.
Learned counsel appearing on behalf of the petitioner has relied upon the arbitration clause in the Agreement dated 03.05.2023, which reads as under: -
xxx xxx xxx
6. Any dispute arising out of or in connection with this Agreement in the interpretation, Signature Not Verified Digitally signed by application or performance of this Agreement, babita pandey Date: 2025.05.14 09:54:37 IST Reason: including its existence, validity or termination, shall be governed by the laws of 1 For short, “1996 Act”.
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India and submitted to arbitration which shall be final and binding on the Parties: The Arbitral Tribunal shall consist of a sole arbitrator who shall be nominated and appointed by the School. The arbitration proceedings will be conducted in English language. The seat and place of the arbitration shall be Mumbai, India. The arbitration proceedings shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 including any statutory amendments of re-enactments thereof for the time being in force and rules made there under. The Award of the sole arbitrator shall be final and binding on the parties.
Subject to the arbitration clause contained herein, this Agreement shall be governed and interpreted according to the laws of India and the courts in Mumbai, India shall have exclusive jurisdiction in respect of any disputes arising out of this Agreement.
xxx xxx xxx In view of the aforesaid, we accept the present petition under Section 11(6) read with Section 11(12)(a) of the 1996 Act and appoint Mr. Atul Sharma, Advocate, to act as the sole Arbitrator to resolve the disputes inter se the parties. The learned Arbitrator shall file his declaration in terms of Section 12 of the 1996 Act within a period of 15 days from the date a copy of this order is received by him. The fee schedule prescribed for international arbitrations under the applicable rules of the Delhi International Arbitration Centre shall apply.
Recording the aforesaid, the present petition is allowed. 3 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;
MAY 07, 2025.
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ITEM NO.9 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
Petition for Arbitration No. 76/2024 OBEROI INTERNATIONAL SCHOOL Petitioner(s) VERSUS AARON ALLAN DELANE Respondent(s) FOR ADMISSION Date : 07-05-2025 This petition was called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. Aman Raj Gandhi, AOR Mr. Krishna Balaji Moorthy, Adv. Ms. Bhakti Mehta, Adv.
Mr. Vardaan Bajaj, Adv.
Mr. Ojasvi Sharma, Adv.
For Respondent(s) UPON hearing the counsel, the Court made the following O R D E R The petition is allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(BABITA PANDEY) (ANU BHALLA)
AR-CUM-PS COURT MASTER (NSH)
(Signed order is placed on the file)