Delhi High Court - Orders
Thribhuvan H Lokesh vs M/S Geartron Technologies Private ... on 5 January, 2023
Author: Navin Chawla
Bench: Navin Chawla
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 826/2022
THRIBHUVAN H LOKESH ..... Petitioner
Through: Mr.Himanshu Makkar, Adv.
versus
M/S GEARTRON TECHNOLOGIES PRIVATE LIMITED & ORS.
..... Respondents
Through: Ms.Shweta Soni, Mr.Pankaj Mehta,
Mr.Prashant Sharma, Ms.Akansha
Singh, Mr.Bhavya Kohli, Advs.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 05.01.2023
1. The present petition has been filed by the petitioner seeking appointment of a Sole Arbitrator to adjudicate the disputes that have arisen between the parties in relation to the 'Founders Employment Agreement' dated 01.03.2021 and the 'Shareholders Agreement' dated 19.08.2021 executed between the parties.
2. The Founders Employment Agreement has an Arbitration Agreement in the form of Clause 13.3 thereof, whereas the Shareholders Agreement has an Arbitration Agreement between the parties in the form of Clause 6.3 thereof.
3. As disputes arose between the parties, the petitioner invoked the Arbitration Agreement vide notice dated 09.12.2021.
4. The petitioner thereafter filed the present petition.
5. The learned counsel for the respondents submits that she has no Signature Not Verified Digitally Signed By:RENUKA NEGI Signing Date:06.01.2023 19:16:14 objection to a Sole Arbitrator being appointed.
6. As the existence of the Arbitration Agreement and due invocation thereof are not contested, accordingly, I appoint Mr. Alakh Kumar, Advocate (Mobile: 9811063763) as the Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the above-mentioned Agreements. The learned Sole Arbitrator shall give the disclosure in terms of Section 12 of the Arbitration and Conciliation Act, 1996 before entering into the reference.
7. With the consent of the learned counsels for the parties, the arbitration proceedings are directed to be held under the aegis of the Delhi International Arbitration Centre (in short, the 'DIAC'). The arbitration proceedings will be governed by the DIAC Rules including its Payment Schedule.
8. The petition is allowed in the above terms.
NAVIN CHAWLA, J JANUARY 5, 2023 RN Signature Not Verified Digitally Signed By:RENUKA NEGI Signing Date:06.01.2023 19:16:14