M/S Cinepolis India Pvt. Ltd vs M/S Sarita Multiplexs Pvt. Ltd
2021 Latest Caselaw 709 Del

                          $~15 and 16 (original)
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                                Decided on 1st March, 2021
                          +     ARB. P. 251/2020 & I.A. 5996/2020

                                M/S CINEPOLIS INDIA PVT. LTD.            ... Petitioner
                                               Through: Mr. Jayant K. Mehta and Mr.
                                                         Parmanand Yadav, Advs.
                                               versus

                                M/S SARITA MULTIPLEXS PVT. LTD.      ... Respondent
                                             Through: Mr. Yogesh K. Jagia and Mr.
                                                       Amit Sood, Advs.

                          +     O.M.P.(I) (COMM.) 149/2020, I.A. 4742/2020, I.A. 5960/2020,
                                I.A. 5961/2020, I.A. 314/2021 and I.A. 2074/2021

                                CINEPOLIS INDIA PVT. LTD.                   ..... Petitioner
                                                     Through    Mr. Jayant K. Mehta and Mr.
                                                                Parmanand Yadav, Advs.

                                                     versus

                                SARITA MULTIPLEXES PVT. LTD.      ..... Respondent
                                             Through: Mr. Yogesh K. Jagia and Mr.
                                                       Amit Sood, Advs.
                                CORAM:
                                HON'BLE MR. JUSTICE C .HARI SHANKAR

                                                     O R D E R (ORAL)

                                 %                     01.03.2021
                                                     (Video-Conferencing)
                          C .HARI SHANKAR, J.

                          ARB. P. 251/2020

1. The precise nature of the dispute between the parties already Signature Not Verified

By:SUNIL SINGH NEGI Signing Date:02.03.2021 21:25:04 stands recorded in the order dated 26th June, 2020 and, as the parties are mutually agreeable to the disputes being referred to an arbitrator to be appointed by this Court, with O.M.P.(I) (COMM.) 149/2020 being decided by the learned arbitrator as an application under Section 17 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "1996 Act"), it is not necessary for me to recapitulate the facts.

2. In view of the joint submission by both parties, ARB. P. 251/2020 is disposed of by appointing Mr. J. R. Aryan, a learned retired Additional District Judge (Mobile No.9958697034) as the arbitrator, to arbitrate on the disputes between the parties. The parties may contact the learned arbitrator at the contact details provided hereinabove within 48 hours of receipt of a copy of the present order by the Registry of this Court.

3. The learned arbitrator would fix his fees in consultation with the parties.

4. The learned arbitrator would submit the requisite disclosure under Section 12(2) of the 1996 Act within a week of entering on reference.

5. ARB. P. 251/2020 stands disposed of in the aforesaid terms.

O.M.P.(I) (COMM.) 149/2020

1. By consent, the petitioner is permitted to file this petition before the learned arbitrator as an application under Section 17 of the 1996 Signature Not Verified

By:SUNIL SINGH NEGI Signing Date:02.03.2021 21:25:04 Act. The learned arbitrator is requested to decide the present application as expeditiously, and if possible, within a period of four weeks from entering on reference.

2. The interim order dated 26th June, 2020 read with the order dated 25th November, 2020 passed by this Court, shall continue to remain in operation and parties shall abide by the orders to be passed by learned arbitrator in O.M.P.(I) (COMM.) 149/2020 treating it to be an application under Section 17 of the 1996 Act.

3. O.M.P.(I) (COMM.) 149/2020 stands disposed of accordingly.

I.A. 5996/2020 in ARB. P. 251/2020 I.A. 4742/2020, I.A. 5960/2020, I.A. 5961/2020, I.A. 314/2021 and I.A. 2074/2021 in O.M.P.(I) (COMM.) 149/2020

In view of the orders passed in the petitions, these applications are disposed of.

C. HARI SHANKAR, J.

MARCH 01, 2021 r.bararia

Signature Not Verified

By:SUNIL SINGH NEGI Signing Date:02.03.2021 21:25:04