Delhi High Court - Orders
M2K Entertaninment Pvt Ltd & Anr vs North Delhi Metro Mall Pvt Ltd & Anr on 8 December, 2023
Author: Sachin Datta
Bench: Sachin Datta
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 342/2023, CCP(O) 93/2023 and IA
Nos.21523/2023, 24518/2023
M2K ENTERTANINMENT PVT LTD & ANR...... Petitioners
Through: Mr. Sanjeev Sidhwani, Sr. Adv. along
with Mr. Amit Agarwal, Mr. Saurabh
Kumar and Mr. Gaurav Sindhwani,
Advs.
versus
NORTH DELHI METRO MALL PVT LTD & ANR..... Respondents
Through: Mr. Amit Sibal, Sr. Adv. along with
Mr. Vikas Mehta, Mr. Shakil Ahmed,
Mr. Hardeep Sachdeva, Mr. Abhishek
Awasthi, Mr. Kamal Shankar, Mr.
Abhydai Singh, Mr. Pradyumna
Sharma, Ms. Swati Sharma, Mr.
Arjun Narang and Mr. M. Ahmed,
Advs. for R-1.
Mr. Akhil Sachar and Ms. Sunanda
Tulysan, Advs. for R-2.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 08.12.2023
1. Parties are directed to file their short synopsis, not exceeding three pages within a period of one week.
2. During the course of arguments, attention has been drawn to the arbitration agreement between the parties which is in the following terms:
"Clause 18: Dispute Resolution -
In the event a dispute arises in connection with the validity, interpretation, implementation or alleged breach of this Agreement, the 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 13/12/2023 at 03:48:10 Parties shall attempt in the first instance to resolve such dispute through negotiation. If the dispute is not resolved through negotiation then either party may refer the dispute for resolution to the Arbitration of a Sole Arbitrator in consonance with the provisions of the Arbitration in consonance with the provisions of the Arbitration and Conciliation Act, 1996 or any subsequent enactment or amendment thereto, and the decision of the Arbitrator shall be binding upon the Parties. The Sub-Lessor and Sub-Lessee shall jointly appoint an arbitrator within Thirty (30) days of the receipt by such party of the other party's request to initiate arbitration. However, during the pendency of the dispute, in case of the Sub-Lessee enjoys the benefits of the Demised Premises, by continuing the operation of the Multiplex, the Sub-Lessee shall not stop payment of Lease Rent and all the other charges mentioned herein and the Sub-Lessor shall not stop directly or indirectly providing the services to the Sub-Lessee for its operation. The seat of Arbitration shall be at Delhi. The provisions of this Article shall survive the term/termination of this Agreement. Each party shall bear its own cost of the arbitration."
3. Respective senior counsel for the petitioner and respondent no.1 submits that the said parties have arrived at an agreement for appointment of a Sole Arbitrator in terms of the mechanism prescribed in the arbitration clause. Let a copy of the correspondence exchanged between the parties in this regard, as also the communication/correspondence addressed to the appointed arbitrator (if any), be placed on record before the next date of hearing.
4. List on 18.12.2023 at 03.30 PM.
SACHIN DATTA, J DECEMBER 8, 2023/cl 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 13/12/2023 at 03:48:10