Oyo Hotels And Homes Private ... vs Amayra Hospitality & Anr.
2021 Latest Caselaw 3521 Del

$~2
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                           Date of decision: 17.12.2021
+     ARB.P. 126/2021
      OYO HOTELS AND HOMES PRIVATE LIMITED ..... Petitioner
                         Through      Mr. Vivek Gupta, Adv.

                         versus

      AMAYRA HOSPITALITY & ANR.                .... Respondents
                  Through   Mr. Inderpreet Singh Jaidka, 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 respondents in terms of Clause 14

of the Online terms and conditions, which were mentioned in Clause 15 and

16 of Marketing and Operational Consulting Agreements dated 06.07.2019.

2. As per the averments made in the present petition, petitioner is an

incorporated Company, respondent No.1 is a partnership firm and

respondent No. 2 is partner of respondent No.1 and is running a hotel in the

name Hotel Anupama in Mahabaleshwar - 412806. Further, respondents had

approached the petitioner with a representation that respondents are in

possession of a property named Hotel Anupama which can be used for

commercial purposes for hiring and letting. Based on the representations of

the respondents, petitioner and respondents entered into a Marketing and

Operational Consulting Agreement dated 06.07.2019 by virtue of which

petitioner was given the right to list the hotel of the respondents on its online

platform and portal as part of the OYO Rooms property bearing OYO ID

MBL055, in accordance with the agreed terms and conditions as part of the

aforesaid Agreement. In terms of the said Agreement, the petitioner

provided an advance amount to respondents towards the increased capital

expenditure on the renovation and refurbishment works at the Hotel. It was

agreed between the parties that the respondents shall repay the said amount

through equated monthly installments to the petitioner and the respondents

in this respect had issued cheques in favor of the petitioner. However, the

aforementioned cheques, were dishonored by the respondents' bank citing

various reasons. Thereafter, disputes arose between the parties. According to

petitioner, the respondents are indebted for an admitted outstanding amount

of Rs. 12,95,197/-.

3. Learned counsel for petitioner submits that petitioner served with a

Legal Demand Notice dated 06.08.2020 to respondent for settling the

pending disputes, within the prescribed period. However, respondent failed

to respond to the same. Hence, the present petition has been filed.

4. During the course of hearing, learned counsel appearing for parties

pressed that this Court may appoint Sole Arbitrator to adjudicate the dispute

between the parties.

5. In view of the above and with the consent of parties, the present

petition is allowed. Accordingly, Mr. T.R. Naval, DHJS (Retd.) (Mobile:

9910384662) is appointed sole Arbitrator to adjudicate the dispute between

the parties.

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

Schedule of the Arbitration and Conciliation Act, 1996.

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

Arbitration and Conciliation Act, 1996 before commencing the arbitration.

8. The present petition stands disposed of accordingly.

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

(SURESH KUMAR KAIT) JUDGE DECEMBER 17, 2021 rk