Delhi High Court
National Research Development ... vs M/S Saveer Biotech Ltd on 26 March, 2021
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 289/2020
NATIONAL RESEARCH DEVELOPMENT CORPORATION
AN ENTERPRISES OF DEPARTMENT OF SCIENTIFIC
INDUSTRIAL RESEARCH MINISTRY OF SCIENCE AND
TECHNOLOGY GOVERNMENT
OF INDIA & ANR. ..... Petitioners
Through Mr. Rama Shankar, Adv.
versus
M/S SAVEER BIOTECH LTD ..... Respondent
Through Mr. Sanjay Sudan, Director of
the respondent company
CORAM:
HON'BLE MR. JUSTICE C .HARI SHANKAR
O R D E R (ORAL)
% 26.03.2021
C .HARI SHANKAR, J.
ARB.P. 289/2020
1. This is a petition under Section 11(6) of the Arbitration and
Conciliation Act, 1996 ("1996 Act"), to appoint an arbitrator to
arbitrate on the disputes between the parties.
2. Mr. Sanjay Sudan, the Director of the respondent, who appears
in person, submits that he has no objection to the disputes being
referred to arbitration.
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:01.04.2021
22:16:25
3. The arbitration clause in the agreement executed between the
parties reads as under:
"15. ARBITRATION AND JURISDICTION
(a) If any dispute or difference arises between the
parties hereto as to the construction, interpretation,
effect and implication of any provision of this
Agreement Including the rights or liabilities or any
claim or demand of any Party (or its extent) against
other party or its sub-contractor or in regard to any
matter under these presents but excluding any matters,
decisions or determination of which is expressly
provided for in this Agreement such disputes or
differences shall be referred to the sole arbitration of
the Secretary of Department of Legal Affairs, Govt. of
India or his nominee. A reference to the arbitration
under this clause shall be deemed to be submission
within the meaning of the Arbitration and Conciliation
Act 1996 and any modification or re-enactment thereof
and the rules framed there under for the time being in
force.
(b) i) The venue of the Arbitration shall be at Delhi
ii) Each Party shall bear and pay its own cost of
the arbitration proceedings unless the arbitrator
otherwise decides in the award.
iii) The provision of this clause shall not be
frustrated, abrogated or become in-operative,
notwithstanding this Agreement expires or ceases to
exist or is terminated or revoked or declared unlawful
c) The Courts at Delhi shall have exclusive
jurisdiction in all matters concerning this Agreement,
including any matter related to or arising out of the
arbitration proceedings or any award made therein."
4. The substance of the dispute is set out in sub paras (i) to (xxv)
of para 7 of the petition, which are not being reproduced to maintain
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:01.04.2021
22:16:25
brevity and avoid repetition, as there is no contest either regarding the
existence of the arbitration agreement or the arbitrability of the
dispute.
5. In view thereof, this Court appoints Mr.Kamal Nijhawan,
Senior Advocate, as the arbitrator to arbitrate on the dispute between
the parties. The contact details of the learned arbitrator are as under:
Mobile No.9810077957
Email ID. : [email protected]
6. The learned arbitrator would be entitled to charge fees in
accordance with the Fourth Schedule to the 1996 Act or otherwise as
determined by him in consultation with the parties.
7. The learned arbitrator would furnish the requisite disclosure
under Section 12(2) of the 1996 Act within one week of entering on
the reference.
8. In view of the aforesaid observations, this petition stands
disposed of.
C. HARI SHANKAR, J.
MARCH 26, 2021
r.bararia
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:01.04.2021
22:16:25
