Delhi High Court
Campbell Restaurant Pvt. Ltd. vs Aria Hotels And Consultancy ... on 29 January, 2021
$~2, 4 and 25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on 29th January, 2021
+ ARB.P. 161/2021 and IA 1381/2021 (Section 151 CPC)
CAMPBELL RESTAURANT PVT. LTD. ..... Petitioner
Through Mr. Ashish Mohan, Mr.
Shashwat Panda and Mr. Akshit Mago,
Advs.
versus
ARIA HOTELS AND CONSULTANCY
SERVICES PVT. LTD. ..... Respondent
Through Mr. Suhail Dutt, Sr. Advocate,
Mr. Pawan Sharma, Mr. Sidharth Aggarwal
and Mr. Anuj Shah, Advs.
+ O.M.P.(I) (COMM.) 36/2021 and IAs 1408-09/2021 (Section
151 CPC)
CAMPBELL RESTAURANT PVT. LTD. ..... Petitioner
Through Mr. Ashish Mohan, Mr.
Shashwat Panda and Mr. Akshit Mago,
Advs.
versus
ARIA HOTELS AND
CONSULTANCY SERVICES PVT. LTD. ..... Respondent
Through Mr. Suhail Dutt, Sr. Advocate,
Mr. Pawan Sharma, Mr. Sidharth Aggarwal
and Mr. Anuj Shah, Advs.
+ O.M.P.(I) (COMM.) 24/2021, IAs 1130/2021 (Section 151
CPC) and 1430/2021 (Section 151 CPC)
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
ARB.P. 161/2021 & contd. matters Page 1 of 4
Signing Date:30.01.2021
19:58:07
ARIA HOTELS AND CONSULTANCY
SERVICES PRIVATE LIMITED ..... Petitioner
Through Mr. Suhail Dutt, Sr. Advocate,
Mr. Pawan Sharma, Mr. Sidharth Aggarwal
and Mr. Anuj Shah, Advs.
versus
CAMPBELL RESTAURANT
PRIVATE LIMITED ..... Respondent
Through Mr. Ashish Mohan, Mr.
Shashwat Panda and Mr. Akshit Mago,
Advs.
CORAM:
HON'BLE MR. JUSTICE C .HARI SHANKAR
O R D E R (ORAL)
% 29.01.2021
(Video-Conferencing)
C .HARI SHANKAR, J.
1. After some arguments, these petitions are disposed of, by
consent between learned counsel for the parties, in the following
terms:
(i) This Court appoints Hon'ble Mr. Justice G.S. Sistani, a
retired Judge of this Court, whose name was suggested, ad
idem, by learned counsel for both parties, as the arbitrator, to
arbitrate on the disputes between the petitioner and the
respondent. The fees of the learned arbitrator would be settled
by the learned arbitrator in consultation with the parties.
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:30.01.2021
19:58:07
(ii) All disputes between the parties are permitted to be
referred to the learned arbitrator, whether in the nature of claims
or counterclaims. The learned arbitrator would furnish the
requisite disclosure under Section 12(2) of the Arbitration and
Conciliation Act, 1996 (hereinafter referred to "the 1996 Act"),
within a period of one week of entering on the reference. The
contact details of the learned arbitrator are as under:
AB-85, Shahjahan Road,
New Delhi-110011
Mobile No.9871300034
Email ID: [email protected]
(iii) OMP (I) (COMM) 36/2021 and OMP (I) (COMM)
24/2021 shall be treated as applications under Section 17 of the
1996 Act and be decided by the learned arbitrator in accordance
with law, after giving adequate opportunity to both sides. For
this purpose, the parties are directed to present copies of the
said petitions to the learned arbitrator, within one week of the
learned arbitrator entering on the reference. Completion of
pleadings on the applications, if required, would abide by orders
to be passed by the learned arbitrator in that regard.
(iv) Prayer (a) in OMP (I) (COMM) 24/2021 reads thus:
"a) Restrain the Respondent and/or its directors,
employees, agents, servants etc. from entering or
interfering in any manner or creating obstacle in
utilisation and/or use and occupation of the said
premises by the Petitioner or any person/sub-licensee
permitted by the Petitioner;"
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:30.01.2021
19:58:07
Pending the decision of the learned arbitrator on the aforesaid
two petitions, treating them as applications under Section 17 of
the 1996 Act, there shall be an ad interim direction in terms of
prayer (a) in OMP (I) (COMM) 24/2021. This shall, however,
remain subject to the outcome of the decision of learned
Arbitrator on the aforesaid two applications under Section 17 of
the 1996 Act.
2. This Court makes it clear that though detailed arguments on
merits were advanced before me by learned counsel for both sides, it
does not express any opinion on merits on one way or the other. The
aforesaid directions have been issued by consent. All issues are open
for consideration and decision by the learned arbitrator in accordance
with law.
3. All these petitions stand disposed of in the aforesaid terms.
4. Pending applications, in these petitions, do not, accordingly,
survive for consideration by this Court and are therefore disposed of.
C. HARI SHANKAR, J.
JANUARY 29, 2021
r.bararia
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:30.01.2021
19:58:07
