Bombay High Court
Shemaroo Entertainment Ltd vs Nextra Teleservices Pvt Ltd on 11 September, 2019
Author: S.J. Kathawalla
Bench: S.J. Kathawalla
kpd 1 / 3 920-ARBAP-51-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION APPLICATION NO. 51 OF 2019
Shemaroo Entertainment Ltd. ... Applicant
Versus
Nextra Teleservices Pvt. Ltd. ... Respondent
Mr. Rohan Sawant alongwith Ms. Poonam Teddu instructed by Mr. Mahesh
Mahadgut for the Applicant.
None for the Respondent.
CORAM : S.J. KATHAWALLA, J.
DATED : 11th SEPTEMBER, 2019 P.C.:
1. The Applicant - Shemaroo Entertainment Ltd. has fled the above Arbitration Application against the Respondents under Section 11 of the Arbitration and Conciliation Act, 1996, as amended by Arbitration and Conciliation (Amendment) Act, 2015 (the Act) for appointment of a sole Arbitrator to resolve the disputes between the parties arising out the Agreement dated 20th April, 2016 executed by and between the Applicant and the Respondent.
2. None appear for the Respondent though served.
3. Clause 11.3 of the said Agreement dated 20th April, 2016 pertains to arbitration and the same is reproduced hereunder :
"11.3 ARBITRATION In case of any dispute or diference arising out of or in connection with the ::: Uploaded on - 13/09/2019 ::: Downloaded on - 13/09/2019 20:58:00 ::: kpd 2 / 3 920-ARBAP-51-2019.doc Agreement the same shall initially be resolved by mutual consultation failing which the same shall be referred to arbitration of a sole arbitrator appointed mutually by Licensor and Licensee failing which the sole arbitrator will be appointed vide section 11 of the Arbitration and Conciliation Act, 1996 and the arbitration shall be governed by the provisions of Arbitration and Conciliation Act, 1996 as amended from time to time. The cost of appointment of the arbitrator shall be equally borne by the parties herein. The Arbitration proceedings shall be in English and shall be held in Mumbai. Any arbitration award will be fnal and binding on the Parties."
4. Since disputes arose between the parties, the Applicant through its Advocate's letter dated 30th October, 2018 recorded that despite best eforts of the Applicant to seek an amicable resolution to the disputes arisen between them, there has been no co- operation from the Respondent's side, and therefore the disputes between the parties have remained unresolved. The Applicant has thereafter invoked the arbitration clause and suggested the name of an Advocate for being appointed as Arbitrator and sought consent of the Respondent within 30 days from the date of receipt of the said letter of invocation. Since the Respondent did not respond to the said notice, the Applicant is constrained to fle the above Application seeking appointment of a sole Arbitrator under Section 11. In the said Application, the Applicant has categorically averred that despite having received the notice of invocation, the Respondent has failed and neglected to respond to the same. The Respondent has also not responded to the said Petition. The contentions/submissions of the Applicant made in the above Application are therefore deemed to have been admitted by the Respondent. In the ::: Uploaded on - 13/09/2019 ::: Downloaded on - 13/09/2019 20:58:00 ::: kpd 3 / 3 920-ARBAP-51-2019.doc circumstances, the following order is passed :-
(a) Ms. Neeta Jain, Advocate is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Agreement dated 20th April, 2016.
(b) Ms. Neeta Jain, Advocate shall fle her disclosure under Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996 as amended by the Arbitration and Conciliation (Amendment) Act, 2015 (Act No.3 of 2016) with the Prothonotary and Senior Master of this Court, on or before 18 th September, 2019.
(c) The parties and/or their Advocates shall appear before the Learned Arbitrator in his Chambers on 24th September, 2019 at 5.00 p.m. and obtain necessary directions.
(d) The venue of arbitration shall be at Mumbai.
(e) The cost of arbitration shall initially be borne by the parties equally.
(f ) The fees payable to the arbitral tribunal shall be as prescribed under the
Bombay High Court (Fees Payable to Arbitrators) Rules, 2018.
(g) All contentions of the parties are kept open.
(h) The Advocate for the Applicant shall serve a copy of this order on the
Respondent by Registered Post A.D. and/or Speed Post and/or hand-delivery.
2. In view of this order, the above Arbitration Application is disposed of.
( S.J.KATHAWALLA, J. ) ::: Uploaded on - 13/09/2019 ::: Downloaded on - 13/09/2019 20:58:00 :::