Delhi High Court
Express Housekeeper Private ... vs Three C Universal Developers ... on 24 August, 2017
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 24.08.2017
+ ARB.P. 417/2017
EXPRESS HOUSEKEEPER PRIVATE LIMITED ..... Petitioner
versus
THREE C UNIVERSAL DEVELOPERS
PRIVATE LIMTED ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr T.L.Garg and Mr Rohan Garg
For the Respondent : Mr Mahjabeen Tanweer
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
24.08.2017
SANJEEV SACHDEVA, J. (ORAL)
1. By this petition, under Section 11 of the Arbitration &
Conciliation Act, 1996 (hereinafter referred to as 'the Act'), the
petitioner seeks appointment of a sole independent arbitrator.
2. The respondent had approached the petitioner to provide
Housekeeping, manpower and other support services at the Three C
Universal Developers (UD) Sites of the petitioner.
3. Agreement dated 01.04.2012 was entered into between the
parties. After the expiry of the term of the said agreement, the term
was extended by execution of subsequent agreements inter alia dated
25.04.2014 and 21.04.2015.
4. As per the petitioner, certain Bills of the petitioner have
remained unpaid leading to the disputes between the parties.
5. The Arbitration Clause agreed to between the parties, as
contained in the Agreement dated 01.04.2012 which is in identical
terms to the arbitration clause contained in the subsequent agreements
reads as under:-
"Settlement of Dispute
Any disputes and differences arising out of or relating
to this Agreement including interpretation of its terms
will be resolved through joint discussions of THREE C
UD and EHKPL. Any dispute, difference or question
that is not resolved through joint discussions, within 15
(fifteen) days of its having arisen, shall be referred to a
mutually acceptable sole arbitrator within a period of ten
(10) days thereafter. In case the parties are unable to
agree upon the Sole Arbitrator, then both parties shall
appoint one Arbitrator each, and the two (2) arbitrators
so appointed shall appoint the third (3rd) arbitrator. The
arbitration proceedings shall be held in New Delhi, in
English language and in accordance with the provisions
of the Arbitration & Conciliation Act, 1996 and the rules
made thereunder, as statutorily amended. Modified,
replaced, substituted or re-numbered from time to time."
6. The petitioner has invoked the arbitration clause by notice dated
17.02.2017.
7. Learned counsel for the respondent submits that the respondent
has no objection to the appointment of an independent Sole Arbitrator.
8. In view of the above, Mr Anupam Srivastava, Advocate,
(Mobile Number 9811032151), is appointed as the Sole Arbitrator to
adjudicate the disputes between the parties. This is subject to the
Arbitrator making the necessary disclosures under Section 12 of the
Act of not being ineligible under Section 12(5) of the Act.
9. The Arbitrator shall adjudicate the claims of the petitioner and
the counter claims, if any of the respondents.
10. The fee of the Arbitrator shall be as per the Fee Schedule of the
Delhi International Arbitration Centre.
11. The parties are at liberty to approach the learned Arbitrator for
elucidating the necessary disclosures and for further proceedings.
12. The petition is accordingly disposed of in the above terms.
13. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
AUGUST 24, 2017
'Sn'
