Delhi High Court - Orders
M/S Essel Housing Projects Pvt. Ltd vs M/S Ottimo Visuals & Ors on 30 November, 2021
Author: Sanjeev Narula
Bench: Sanjeev Narula
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 656/2021
M/S ESSEL HOUSING PROJECTS PVT. LTD. ..... Petitioner
Through: Mr. Siddharth Mittal and Mr. Prabhat
Kumar, Advocate.
versus
M/S OTTIMO VISUALS & ORS. ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 30.11.2021
1. The Petitioner has filed affidavit of service enclosing therewith proof of service upon the Respondents.
2. Since there is no appearance on behalf of the Respondents despite service, the Court proceeds to hear the petition ex-parte.
3. The Petitioner seeks appointment of Sole Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 [hereinafter "the Act"] for adjudication of disputes in relation to a 'Lease Agreement' dated 06th November, 2015 - which contains an arbitration Clause [Clause 31], which reads as follows: -
"Any dispute relating to this Agreement shall be resolved by way of Arbitration by a sole Arbitrator appointed by the Lessor. The arbitration shall be conducted in accordance with the provisions of Indian Arbitration & Conciliation Act, 1996. Place of Arbitration shall be at Delhi only."
4. Since, there is no contest the present petition, the same is allowed.
5. Accordingly, Ms. Nidhi Minocha, Advocate [Contact No. +91 9958626707] is appointed as the Sole Arbitrator to adjudicate the disputes Signature Not Verified Signed By:SAPNA SETHI Signing Date:07.12.2021 13:25:25 that have arisen between the parties in respect of the Lease Agreement dated 06th November, 2015.
6. The parties are directed to appear before the Arbitrator as and when notified. This is subject to the Arbitrator making necessary disclosures under Section 12(1) of the Act and not being ineligible under Section 12(5) of the Act.
7. The Arbitrator shall be free to decide her fee in consultation with the parties.
8. It is clarified that the Court has not examined any of the claims of the parties and all rights and contentions on merits are left open. Both the parties shall be free to raise their claims/ counter claims before the Arbitrator in accordance with law.
9. In view of the foregoing, the present petition and pending application are disposed of in above terms.
SANJEEV NARULA, J NOVEMBER 30, 2021 Pallavi Signature Not Verified Signed By:SAPNA SETHI Signing Date:07.12.2021 13:25:25