Delhi High Court - Orders
Oyo Hotels And Homes Private Limited vs Paranbath Naseer on 3 June, 2021
Author: J.R. Midha
Bench: J.R. Midha
$~O-40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 168/2021
OYO HOTELS AND HOMES PRIVATE LIMITED..... Petitioner
Through: Mr. Sanjoy Ghose, Senior Advocate
with Mr. Vivek Gupta, Mr. Sagar
Pradhan and Mr. Saket Agarwal
Advocates
versus
PARANBATH NASEER ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
ORDER
% 03.06.2021
1. The petitioner is seeking appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act.
2. There is no appearance on behalf of the respondent despite service.
3. he arbitration agreement between the parties is contained in clause 14 of the Online terms and conditions which are incorporated in Marketing and Operational Consulting Agreement (MOCA) dated 30th June, 2020 by virtue of clause 15 of MOCA. The petitioner invoked arbitration vide notice dated 02nd November, 2020. The petitioner has claims to the tune of Rs.39,97,458/-.
4. Learned senior counsel for the petitioner submits that the arbitration agreement contained in the Online platform is valid by virtue of clause 15 of Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:19.06.2021 12:39:04 Marketing and Operational Consulting Agreement dated 30th June, 2020. Reference is made to Giriraj Garg v. Coal India Limited, (2019) 5 SCC 192 and Inox Wind Ltd. v. Thermocables Ltd., (2018) 2 SCC 519.
5. The petition is allowed and Ms. Manmeet Arora, Advocate, Mobile No. 98113 33871 is appointed as a sole arbitrator to adjudicate the disputes between the parties.
6. The arbitration shall be conducted under the aegis of Delhi International Arbitration Centre (DIAC).
7. The learned arbitrator shall ensure the compliance of Section 12 read with Fifth, Sixth and Seventh Schedule of Arbitration and Conciliation Act, 1996 before commencing the arbitration.
8. The fees of the learned arbitrator shall be in accordance with the Schedule of fees prescribed under the Delhi International Arbitration Centre (DIAC) (Administrative Costs and Arbitrators' Fees) Rules, 2018.
9. Copy of this order be sent to the learned arbitrator as well as to DIAC.
10. Copy of this order be also sent to the respondent.
J.R. MIDHA, J.
JUNE 03, 2021 dk Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:19.06.2021 12:39:04