Delhi High Court - Orders
M/S. Shell India Markets Pvt. Ltd vs M/S. Morani Motoparts Pvt. Ltd. & Ors on 17 May, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 602/2022
M/S. SHELL INDIA MARKETS PVT. LTD. ..... Petitioner
Through: Mr. Simran Jot Singh, Advocate.
versus
M/S. MORANI MOTOPARTS PVT. LTD. & ORS. ..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 17.05.2022 I.A. 7703/2022 (for exemption from filing original and fair typed copy of the annexures filed along with the accompanying petition under Section 11 of the Arbitration and Conciliation Act, 1996)
1. Exemption is granted, subject to all just exceptions.
2. The Petitioner shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
3. Accordingly, the application stands disposed of.
ARB.P. 602/20224. The Petitioner seeks appointment of an Arbitrator in terms of the arbitration clause [Clause 29.3] which is contained in the 'General Terms and Conditions for the Sale of Shell Lubricants' that is incorporated by way of reference in the invoices raised by the Petitioner on the Respondents from time-to-time. Vide notice dated 02nd August, 2021, arbitration was invoked and in response thereto, the Respondents (vide communication Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:20.05.2022 10:16:58 dated 09th September, 2021) have denied the existence of the arbitration agreement.
5. Counsel for the Petitioner states that the invoices were duly accepted. Parties have been transacting with each other since 2015, without any reservation to alternate dispute resolution mechanism clause.
6. Issue notice to the Respondents, by all permissible modes, upon filing of process fee, returnable on 20th July, 2022.
SANJEEV NARULA, J MAY 17, 2022 nd Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:20.05.2022 10:16:58