Delhi High Court - Orders
Peerfintech Solutions Private Limited vs Perfios Software Solutions Private ... on 6 November, 2023
Author: Dinesh Kumar Sharma
Bench: Dinesh Kumar Sharma
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 1158/2023
PEERFINTECH SOLUTIONS PRIVATE LIMITED ..... Petitioner
Through: Mr. Rajat Juneja, Mr. Simrat Singh
Pasay, Advs.
versus
PERFIOS SOFTWARE SOLUTIONS PRIVATE LIMITED
..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
ORDER
% 06.11.2023
1. The present arbitration petition has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (herein referred to as "the A&C Act") seeking the appointment of the sole Arbitrator for adjudication of inter-se disputes arising out of the service agreement dated 28.01.2022. The service agreement contains arbitration clause - 9 which reads as under;
"9. DISPUTE RESOLUTION, GOVERNING LAW & JURISDICTION 9 .1 This Agreement shall be interpreted in accordance with the laws of India and any dispute arising out of or in relation to this Agreement shall be subject to the exclusive jurisdictions of the courts in Delhi, India.
9 .2 In the event any dispute arises between the Parties out of or in connection with this Agreement, the Parties hereto shall endeavor to settle such dispute amicably in the first instance.
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 06/11/2023 at 23:40:59 The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the Parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) days, gives a notice to this effect, to the other Party in writing.
9.3 Any difference, dispute or claim arising out of or in relation to this Agreement, shall be resolved by a single arbitrator to be mutually agreed upon within 30 (thirty) days of the dispute and appointed by the Parties failing which an arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The venue of arbitration proceeding shall be Delhi, India. All proceedings shall be in English. The award of the Arbitrator shall be final and binding on the parties. Each party shall bear its own arbitration costs."
2. The service agreement stipulates the jurisdiction of Courts in Delhi.
The agreement has duly been stamped and arbitration clause has duly been invoked vide notice dated 20.07.2023. The claim amount is around Rs.28,00,000/- (Rupees twenty eight lakhs).
3. Issue notice to the respondent through all permissible modes upon taking steps by the petitioner, returnable on 21.12.2023.
DINESH KUMAR SHARMA, J NOVEMBER 6, 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 06/11/2023 at 23:40:59