M/S Supreme Hi-Fidelity Pvt. Ltd. vs M/S Streamline Car Decorators
2009 Latest Caselaw 603 Del

             * IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                                Date of Reserve: 17.2.2009
                                                         Date of Order: 19th February, 2009

Arb. P. No. 15/2006
%                                                                                  19.2.2009

        M/s Supreme Hi-Fidelity Pvt. Ltd.         ... Petitioner
                            Through: Mr. Prag Chawla, Advocate

                Versus


        M/s Streamline Car Decorators               ... Respondent
                            Through: Mr. P.K.Bajaj, Advocate


JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the
judgment?

2. To be referred to the reporter or not?

3. Whether judgment should be reported in Digest?

JUDGMENT

This arbitration petition has been made under Section 11(5) of the

Arbitration and Conciliation Act, 1996 by the petitioner company relying on a

consignee agreement, attached as annexure A-2 with the application. It is stated

that the consignee agreement contains an agreement clause for reference of

dispute between the Petitioner Company and respondent to an Arbitrator. The

petitioner has raised a claim of sum of Rs.3,13,205/- against the respondent.

2. A perusal of consignee agreement shows that the agreement is

between Supreme Electronics entered through its partner Mrs. Manmeet

Chaudhry and M/s Streamline Car Decorators. There is no consignee

agreement between Petitioner Company and the respondent. A perusal of the

application does not show how the petitioner has relied upon this consignee

agreement between Supreme Electronics and the respondent for settlement of

arbitration dispute between the petitioner and the respondent. The application

also does not disclose that identity of Supreme Electronics had merged with the

Petitioner Company at any point of time. Since, there is no arbitration agreement

between the parties no dispute can be referred under Section 11(5) of the

Arbitration and Conciliation Act, 1996 to the Arbitrator. The petition is liable to be

dismissed and is hereby dismissed.

February 19, 2009                                         SHIV NARAYAN DHINGRA, J.
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