Naresh Gupta Prop. Universal Trading ... vs Nice Projects Limited on 5 February, 2021

[Cites 2, Cited by 0]

Delhi High Court - Orders

Naresh Gupta Prop. Universal Trading ... vs Nice Projects Limited on 5 February, 2021

Bench: Talwant Singh

$~11
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+      ARB.P. 33/2021
       NARESH GUPTA PROP. UNIVERSAL TRADING
       CORPORATION                       ..... Petitioner
                          Through:     Mr. Sandeep Banga, Advocate

                          Versus

       NICE PROJECTS LIMITED                              ..... Respondent
                          Through:     None

       CORAM:
       HON'BLE MR. JUSTICE TALWANT SINGH

                          ORDER

% 05.02.2021 The present matter has been taken up for hearing by way of Video Conferencing on account of COVID-19.

I.A. 216/2021 (exemption) Heard. Exemption allowed, subject to all just exceptions.

I.A. 217/2021

This is an application for seeking permission of the Court to hear the matter through video conferencing.

The application is heard and allowed.

ARB.P. 33/2021

This is a petition under Section 11 of the Arbitration and Conciliation Act, 1996 for the appointment of an Arbitrator in terms of the ARB. P. 33/2021 Page 1 of 1 supply orders issued by the respondent to the petitioner which contained an arbitration clause, which is reproduced here under:

"You and the NPPL shall in all instances try to reach an amicable resolution of any dispute. Any disputes or differences still remaining in connection with this order shall be referred to sole arbitrator as per India Arbitration and Conciliation Act, 1996 and rules in force. The sole arbitrator shall be appointed by MD, NPPL."

It has been submitted that certain disputes arose between the parties and the petitioner approached Civil Court and filed a suit for recovery which was disposed of vide order dated 28th November, 2019, observing that since there is an arbitration clause, so, the present petitioner should invoke the arbitration as per law. Thereafter, the petitioner sent a notice dated 23rd December, 2019, invoking the arbitration clause. Sole Arbitrator was appointed. Hence, the present petition has been filed.

Issue notice to the respondent through all means, including the electronic mode, as well as dasti on taking steps by the petitioner within ten days from today.

Let affidavit of service be filed within three weeks from today. List for appearance of the respondent on 26th March, 2021.

TALWANT SINGH, J FEBRUARY 05, 2021 pa Click here to check corrigendum, if any ARB. P. 33/2021 Page 2 of 2

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders