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M S Imz Corporate Pvt Ltd vs Msd Telematics Pvt Ltd on 8 February, 2021

Author: Talwant Singh

Bench: Talwant Singh

$~13
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+      ARB.P. 204/2021
       M S IMZ CORPORATE PVT LTD                           ..... Petitioner
                          Through:     Mr. Arun Khatri, Advocate

                          Versus

       MSD TELEMATICS PVT LTD                              ..... Respondent
                   Through: None

       CORAM:
       HON'BLE MR. JUSTICE TALWANT SINGH

                          ORDER

% 08.02.2021 The present matter has been taken up for hearing by way of Video Conferencing on account of COVID-19.

This is an application for exemption from filing certified copies/typed/legible copies of annexures/documents.

Heard. Allowed, subject to all just exceptions.

This is a petition under Section 11(6) read with Section 11(10) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator. It has been submitted that the petitioner and respondent entered into a Memorandum of Understanding on 1st January, 2020 and certain disputes arose thereafter. The arbitration clause reads as under:

"Governing Law and Dispute Resolution:

 This Agreement shall be governed by and interpreted in accordance with the laws of India.

 All disputes and differences, arising out of or in connection with this Agreement shall be attempted to be resolved mutually through negotiations between the Parties failing which the same shall be referred and decided by a sole Arbitrator to be appointed by the Parties. The decision of the Arbitrator shall be final and binding on the Parties. The provisions of Arbitration & Conciliation Act 1996 shall be applicable to such arbitration proceedings.

 That the venue of arbitration shall be at New Delhi."

Notice of invocation on arbitration dated 4th July, 2020 was served upon the respondent. In fact, the petitioner had already approached Delhi International Arbitration Centre (DIAC) for appointment of an Arbitrator and even DIAC had already sent notice to the respondent but there is no response to the same. Hence, the present petition has been filed.

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

Affidavit of service be filed within three weeks from today. Let the reply be filed by the learned counsel for the respondent within three weeks from today, with an advance copy to the learned counsel for the petitioner, who may file rejoinder thereto within three weeks thereafter.

List for completion of pleadings on 8th April, 2021.

TALWANT SINGH, J FEBRUARY 08, 2021 pa Click here to check corrigendum, if any ARB. P. 204/2021 Page 3 of 3