Bhai Ajinder Singh vs Karvy Digikonnect on 9 March, 2021

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Delhi High Court - Orders

Bhai Ajinder Singh vs Karvy Digikonnect on 9 March, 2021

Bench: Vibhu Bakhru

                         $~5
                         *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                         +     ARB.P. 390/2020
                               BHAI AJINDER SINGH                        ..... Petitioner
                                              Through: Mr Nishant Datta, Advocate.
                                              versus
                               KARVY DIGIKONNECT                         ..... Respondent
                                              Through: Mr Kotla Harshvardhan, Advocate.
                               CORAM:
                               HON'BLE MR. JUSTICE VIBHU BAKHRU
                                        ORDER

% 09.03.2021 [Hearing held through videoconferencing]

1. The petitioner has filed the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (A&C Act), inter alia, praying that the Arbitrator be appointed to adjudicate the disputes that have arisen between the parties in respect of the Lease Agreement dated 19.12.2015.

2. The petitioner claims that the respondent had terminated the said Lease Agreement on 09.04.2018 and the petitioner had handed over the possession of the leased premises on 31.07.2018.

3. On 13.12.2019, the petitioner had issued a notice dated 13.12.2019 claiming a sum of ₹8,04,27,810/- towards damages, equipment, restoration of premises and arrears of rent, outstanding bills, taxes, etc. Thereafter, the petitioner had invoked the arbitration clause claiming the aforesaid amount along with interest. It had also suggested names of three advocates, one of whom could be appointed as an Arbitrator.

4. Admittedly, the Lease Agreement contains an arbitration clause, which reads as under:-

Signature Not Verified Digitally Signed By:DUSHYANT RAWAL

" 30. It is hereby agreed by and between the parties hereto that for the enforcement of the rights of one party against the other under this Agreement, the Court of Delhi alone shall have jurisdiction. All disputes or differences between the parties hereto pertaining any of the terms of or obligations under the present agreement shall be attempted to be amicably resolved in the first instance and in case of failure of resolution thereof the same shall be adjudicated upon by a sole arbitrator appointed under the terms of the Arbitration and Conciliation Act, 1996. The venue of arbitral proceedings shall be New Delhi."

5. The parties were referred to mediation but the same was unsuccessful. The learned counsel appearing for the respondent fairly states that there is no dispute as to the existence of an arbitration agreement and a Sole Arbitrator may be appointed by this Court.

6. Since, there is no dispute as to the arbitration agreement (arbitration clause) and that the same had been invoked by the petitioner, this Court considers it apposite to allow the present petition.

7. Justice (Retd.) Pradeep Nandrajog, former Chief Justice of the High Courts of Rajasthan and Maharashtra (Mobile No.- 9818000130) is proposed to be appointed as the Sole Arbitrator to adjudicate the disputes that have arisen between the parties and fall within the scope of the arbitration clause as set out above. The Arbitrator may furnish his consent and disclosure as required under Section 12(1) of the A&C Act before the next date of hearing.

8. List for the aforesaid purposes on 19.03.2021.

VIBHU BAKHRU, J MARCH 9, 2021/MK Signature Not Verified Digitally Signed By:DUSHYANT RAWAL

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Delhi High Court - Orders