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Bestech Advisors Private Limited vs Oriel Financial Solutions Private ... on 8 April, 2022

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~7
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      O.M.P.(I) (COMM.) 67/2022
                                 BESTECH ADVISORS PRIVATE LIMITED                          ..... Petitioner
                                                      Through:     Mr. Raghavendra Mohan Bajaj, Mr.
                                                                   Agnish Aditya, Mr. Nikhil Bamal and
                                                                   Mr. Kumar Karan, Advocates.

                                                      versus

                                 ORIEL FINANCIAL SOLUTIONS PRIVATE LIMITED
                                                                           ..... Respondent
                                               Through: Mr. Kamal Sehgal, Mr. Satinder S.
                                                        Gulati and Mr. Kamaldeep Gulati,
                                                        Advocates.

                                 CORAM:
                                 HON'BLE MR. JUSTICE SANJEEV NARULA
                                                      ORDER

% 08.04.2022

1. Pursuant to the last Order, both the counsel, on instructions, submit that the Court may proceed to appoint a Sole Arbitrator. Counsel for the Respondent - at the same time - draws the attention of this Court to the arbitration clause [Clause 12 (e)] in 'CHANNEL PARTNER AGREEMENT' dated 19th June, 2021 titled - 'Dispute Resolution, Governing Law and Jurisdiction' to contend that said clause stipulates that - 'Cost of Arbitration shall be borne by the Party invoking arbitration'. He states that since there is no formal invocation of arbitration as of now, the request of the Petitioner for appointment should be considered as an invocation of arbitration by the Petitioner.

2. Counsel for the Petitioner is agreeable and does not dispute that he has invoked the arbitration.

3. In view of the foregoing, the present petition is allowed and accordingly, Mr. A. K. Arya (Retd.), former Principal Judge, Family Court, Delhi [Contact No.: +91 9910384687] is appointed as the Sole Arbitrator to adjudicate the disputes arising from 'CHANNEL PARTNER AGREEMENT' dated 19th June, 2021.

4. The parties are directed to appear before the Ld. Sole Arbitrator as and when notified. This is subject to the Ld. Arbitrator making necessary disclosure(s) under Section 12(1) of the Act and not being ineligible under Section 12(5) of the Act.

5. 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 Ld. Arbitrator in accordance with law.

6. With the consent of the parties, the Ld. Arbitrator shall conduct the arbitration proceedings under the aegis of Delhi International Arbitration Centre [hereinafter "DIAC"] and in accordance with the DIAC Rules.

7. Since the Arbitral Tribunal is now in place, it is directed that the instant petition shall be treated, considered and adjudicated by the Arbitral Tribunal by treating it as one under Section 17 of the Act.

8. At the request of counsel for the Petitioner, it is directed that the instant petition under Section 17 shall be taken up by the Arbitral Tribunal after a period of one month from today.

9. With the above directions, the present petition is disposed of.

SANJEEV NARULA, J APRIL 8, 2022 as Signature Not Verified Digitally Signed By:SAPNA SETHI O.M.P.(I) (COMM.) 67/2022 Page 3 of 3 Signing Date:11.04.2022 12:10:01