Jagran Prakashan Limited vs 3Y3 Digital Labs Private Limited
2021 Latest Caselaw 3439 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                             Date of decision: 13.12.2021

+     ARB.P. 1096/2021
      JAGRAN PRAKASHAN LIMITED                               ..... Petitioner
                          Through      Mr. Nihit Dalmia, Adv.

                          versus

      3Y3 DIGITAL LABS PRIVATE LIMITED       ..... Respondent
                    Through  Mr.Abhishek Mishra, Adv.
      CORAM:
      HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (oral)

1. The present petition has been filed under Section 11(6) of the

Arbitration and Conciliation Act, 1996 seeking appointment of sole

arbitrator to adjudicate the disputes with the respondent.

2. Petitioner-company claims to be duly incorporated under the

Companies Act, 1956 and involved in the business of News print and

publication, Digital Marketing, Online Media, etc. on pan India basis.

Petitioner entered into an advertising services agreement with respondent on

06.04.2018, according to which petitioner and respondent had to work

jointly towards utilizing respondent's real time monetization marketplace

software (STACK) and respondent's smart inventory creation program

(AXT).

3. It is claimed in the present petition that in consideration to the

agreement, petitioner was entitled to raise invoices upon respondent @ USD

0.663 per E CPM based on ad request generated on DFP (Double Click of

Publisher). Accordingly, a total sum of USD 107,169.19 was to be paid by

the respondent for the period 01.04.2018 to 30.01.2019 However,

respondent paid only USD 44136.69 and the balance amount of USD 61681

or Rs.46,15,435/- is still due to the respondent.

4. Learned counsel for the petitioner submits that petitioner sent multiple

reminders and requests and thereafter, on 18.01.2021, petitioner sent a

demand notice for making the payment of outstanding amount, in response

to which respondent sent an email dated 02.02.2021 wherein it denied to

make any further payment.

5. Subsequently, petitioner, in terms of Clause 11 of the Conditions to

the Agreement dated 06.04.2018 invoked arbitration in accordance to which

a Sole Arbitrator was to be mutually appointed by the parties but respondent

rejected the name of the Arbitrator proposed by petitioner. Therefore, the

present petition has been filed.

6. During the course of hearing, learned counsel for petitioner has

prayed that sole Arbitrator may be appointed to adjudicate the dispute

between the parties.

7. Learned counsel for respondent has not disputed invocation of

arbitration vide Notice dated 30.07.2021 and has not objected to the

appointment of sole Arbitrator for adjudication of dispute between the

parties.

8. In view of the above and with the consent of learned counsel for the

parties, the present petition is allowed. Accordingly, Mr. Amrit Pal Singh

Gambhir (Mobile:9810082347) is appointed sole Arbitrator in this petition

to adjudicate the dispute between the parties.

9. The fee of the learned Arbitrator shall be governed by the Fourth

Schedule of the Arbitration and Conciliation Act, 1996.

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

Arbitration and Conciliation Act, 1996 before commencing the arbitration.

11. The present petition stands disposed of accordingly.

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

(SURESH KUMAR KAIT) JUDGE DECEMBER 13, 2021 ab