Delhi High Court
Prexma Ltd vs Sanjay Soni on 13 July, 2017
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 13.07.2017
+ ARB.P. 216/2017
PREXMA LTD ..... Petitioner
versus
SANJAY SONI ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Nalin Tripathi and Ms. Sampa Sengupta Ray,
Advs.
For the Respondents : Mr. Abhishek Sharma, Adv.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. By this petition under Section 11 (2) & (6) of the Arbitration &
Conciliation Act, 1996, the petitioner seeks appointment of an
independent Arbitrator to adjudicate the disputes between the parties.
2. For joint execution of the tender awarded by Madhya Pradesh
State Tourism Corporation, the parties had entered into a MOU.
3. Disputes have arisen between the parties. Consequently, the
petitioner has invoked the arbitration clause.
4. The arbitration clause contained in MOU dated 18.07.2014
reads as under:-
"Governing Law
This agreement shall be construed and governed by the
laws of India and the parties hereby submit to the
jurisdiction of Delhi Courts of Law. The parties will
attempt to settle any disputes arising under or in relation
to this agreement in good faith by discussion in a spirit of
understanding and cooperation. All disputes or
differences whatsoever arising between the parties
regarding this agreement shall be settled by arbitration
in accordance with the arbitration act of 1996 and the
venue shall be New Delhi. The Arbitration Tribunal shall
consist of a Sole-Arbitrator to be appointed with mutual
understanding."
5. Learned counsel for the respondent submits that, without
prejudice to the defence of the respondent, he has no objection to the
appointment of an independent Sole Arbitrator by this court to
adjudicate the disputes between the parties.
6. Learned counsels for the parties have consented to the
appointment of Mr. Padam Kant Saxena (Retd.), Addl. District Judge
to be appointed as the Sole Arbitrator.
7. Accordingly, Mr. Padam Kant Saxena, former Addl. District
Judge (Mobile No.9910384668) resident of Flat No. 261, Plot No. 5,
Sector - 9, Dwarka Royal Residency, New Delhi is appointed as the
Sole Arbitrator to adjudicate the disputes between the parties in
relation to MOU dated 18.07.2014. This is subject to the Arbitrator
making the necessary disclosure under Section 12 of the Act not being
ineligible under Section 12(5) of the Act.
8. The Arbitral Tribunal shall examine the claims of the petitioner
and the counter claims, if any of the respondents.
9. The Arbitrator shall fix his fee in consultation with learned
counsel for the parties.
10. The parties are at liberty to approach the learned Arbitrator for
elucidating the necessary disclosures and for further proceedings.
11. The petition is accordingly disposed of.
12. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
JULY 13, 2017
'rs'
