Akash Agrawal vs Reckitt Benckiser India Pvt Ltd
2021 Latest Caselaw 2356 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                           Date of decision: 31.08.2021

+     ARB.P. 744/2021
      AKASH AGRAWAL                                  ..... Petitioner
                 Through               Ms.Mayanka Dhawan, Adv.

                         versus

      RECKITT BENCKISER INDIA PVT LTD          ..... Respondent
                   Through   Mr.R.Jawahar Lal, Mr.Siddharth
                             Bawa, Mr.Anuj Garg & Mr.Mohit
                             Sharma, Advs.

      CORAM:
      HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                         J U D G M E N T (oral)

1. Present petition has been filed under Section 11(6) of the Arbitration

and Conciliation Act, 1996 seeking appointment of arbitrator to adjudicate

the disputes between the parties under Consultancy Agreement dated

22.10.2019.

2. Petitioner claims to be a leading consultant having experience and

specialised knowledge of more than 2 decades in the field of retail including

online and institutional business, marketing and brand development. He is

engaged in assisting and advising various corporate entities to expand their

business and has experience of working with various Fortune 100 Global

Brands. The respondent is a company incorporated under the Companies

Act, 2013 and is engaged in manufacturing/marketing of diverse range of

health, homecare and hygiene products.

3. On 22.10.2019, the petitioner and the respondent entered into a

Consultancy Agreement wherein petitioner was appointed as a Consultant of

respondent for a fixed period from 22.10.2019 to 31.12.2020. However,

certain differences and disputes arose between the parties, as the respondent

failed to clear the variable fee amounting to ₹20,00,000/- (Rupees Twenty

Lacs only) due on the petitioner under Consultancy Agreement.

4. According to the petitioner, several emails were addressed to the

respondent requesting to clear the amount, however, respondent did not

respond to the same. Thereafter, the respondent sent an e-mail to the

petitioner on 27.03.2021 offering him a settlement amount of ₹7,50,000/-

(Rupees Seven Lacs Fifty Thousand only) as a goodwill gesture against the

due amount of ₹20,00,000/-.

5. However, on 06.04.2021, petitioner served a legal notice to the

respondent calling upon to pay a sum of ₹20,00,000/- along with interest @

18% p.a. within 7 days of receipt thereof, failing which the petitioner

proposed name of a retired judge to act as sole arbitrator to adjudicate the

disputes between the parties.

6. In reply to the legal notice of petitioner, respondent sent a

misconceived reply dated 28.04.2021, refuting the claim of petitioner and

agreed to refer the disputes to arbitration.

7. Today, learned counsel for the petitioner prays for appointment of

sole independent arbitrator. The aforesaid submission is not disputed by

learned counsel appearing on behalf of the respondent.

8. Accordingly, Mr. Amrit Pal Singh Gambhir, Advocate (Mobile:

9810082347) is appointed sole Arbitrator to adjudicate the disputes between

the parties. The arbitration shall be conducted under the Delhi International

Arbitration Centre (DIAC). The fee of the Arbitrator shall be in accordance

with the schedule of fees prescribed under the Delhi International

Arbitration Centre (DIAC) (Internal Management) Rules and Delhi

International Arbitration Centre (Administrative Cost and Arbitrators' Fees)

Rules, 2018.

9. The learned Arbitrator shall ensure compliance of Section 12 of

Arbitration and Conciliation Act, 1996 before commencing the arbitration.

10. A copy of this order be sent to the learned Arbitrator for information.

11. The petition is accordingly disposed of.

(SURESH KUMAR KAIT) JUDGE AUGUST 31, 2021 ab/r