Delhi High Court
Anant Raj Project Ltd. vs Humble Hospitality (Delhi) Pvt ... on 17 October, 2017
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 17.10.2017
+ ARB.P. 303/2017
ANANT RAJ PROJECT LTD. ..... Petitioner
versus
HUMBLE HOSPITALITY (DELHI) PVT LTD...... Respondent
Advocates who appeared in this case:
For the Petitioner : Ms Rekha Dwivedi, Advocate.
.
For the Respondent : Ms Savi Abbot, Advocate.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
17.10.2017
ARB.P. 303/2017
1. The petitioner by this petition under Section 11 of the
Arbitration & Conciliation Act, seeks appointment of a Sole
Arbitrator.
2. Term Sheet was executed between the petitioner and
respondent, whereby the respondent took on License covered area
measuring 9550 sq. ft. in the property bearing No.204A (206,207 and
208) of the second floor of Complex, i.e. Moments Mall, Patel Road,
Kirti Nagar, Delhi, and 715 sq. ft. in the property bearing No.205 of
the Second Floor of Complex, i.e. Moments Mall, Patel Road, Kirti
Nagar, Delhi. Licence Agreement dated 08.01.2013 was executed
between the parties in respect of the above-referred area.
3. As per the petitioner, the respondent failed to fulfil its
Contractual obligations in terms of the Term Sheet and the Licence
Agreement leading to the petitioner invoking arbitration clause vide
the Arbitration Notice dated 09.01.2017.
4. Though the contention of the petitioner is disputed by the
learned counsel for the respondent, however, she contends that she has
no objection to the appointment of a Sole Arbitrator to adjudicate the
disputes between the parties.
5. The Arbitration Clause, as contained in the Licence Agreement
dated 08.01.2013, reads as under:-
"31. Governing Law and Dispute Resolution
a. Any difference or dispute arising between the Parties
arising out of or in relation to this Agreement and its
Schedules, Annexures hereto or the Maintenance
Agreement or any other congruent agreement, shall first
be amicable resolved between the parties through
negotiations.
b. Failing amicable resolution within 30 (thirty) days of the
arising of the difference or dispute, the difference or
dispute shall be referred to Arbitration.
c. Arbitration proceedings shall be conducted by a sole
arbitrator who shall be appointed mutually by the Parties.
In the event of resignation or death or non-availability of
the sole arbitrator appointed by the Parties for any reason
whatsoever, the Parties shall retain the right to appoint an
alternative sole arbitrator. The Arbitration proceedings
shall be conducted in accordance with Arbitration and
Conciliation Act, 1996 or any statutory modifications,
amendments or re-enactment thereof. The seat/place of
Arbitration shall be at Delhi and governing and
procedural laws of Arbitration shall be the laws of India.
The proceedings shall be held in English language. The
award of sole arbitrator shall be final and binding on both
the Parties. Each party shall be responsible for its own
cost for participating in the dispute resolution process.
d. The reference to the arbitration shall be without prejudice
to the rights of Licensor to take any action against or
recover any dues from the Licensee.
e. Only the Courts at New Delhi alone shall have exclusive
jurisdiction to deal with and entertain the disputes relating
to and/or arising out of this Agreement and/or agreements
and deeds that are entered into pursuant to this
Agreement."
6. With the consent of parties, Justice M.L. Mehta, Former Judge
of this Court, is appointed as the Sole Arbitrator to adjudicate the
disputes between the parties. This is subject to the Arbitrator making
the necessary disclosure under Section 12 of the Act of not being
ineligible under Section 12(5) of the Act.
7. The Arbitrator shall adjudicate the claims of the petitioner and
the counter claims, if any of the respondents.
8. The Arbitrator shall fix his fee in consultation with the learned
counsel for the parties.
9. The parties are at liberty to approach the learned Arbitrator for
elucidating the necessary disclosures and for further proceedings.
10. The petition is accordingly disposed of.
11. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
OCTOBER 17, 2017
'Sn'
