Delhi High Court
Girdhar Impex Limited vs A And A Automobiles Private ... on 24 March, 2021
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 233/2021
GIRDHAR IMPEX LIMITED ..... Petitioner
Through Mr. Chandan Dutta, Adv.
versus
A AND A AUTOMOBILES
PRIVATE LIMITED ..... Respondent
Through Mr. Sushant Aggarwal, Adv.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER (O R A L)
% 24.03.2021
ARB.P. 233/2021
1. This is a petition under Section 11 of the Arbitration and
Conciliation Act, 1996 ("1996 Act"), seeking intervention of the Court
to appoint an arbitrator to arbitrate on the disputes between the parties.
2. The substance of the dispute, as set out in the petition, and
without prejudice to the rights of the respondent to contest the stand of
the petitioner on facts as well as in law, is to be found in paras 4 to 29
of the petition, which, to maintain brevity, are not being reproduced
here, as the respondent does not dispute the existence of an arbitration
agreement. He, however, prays that the issue of arbitrability of the
disputes may be kept alive to be decided by the learned arbitrator, to
which learned counsel for the petitioner is agreeale.
Signature Not Verified
3. The provision for resolution of the disputes between the parties
By:SUNIL SINGH NEGI
Signing Date:26.03.2021
17:09:37
is to be found in Clause 8 of the Lease Deed dated 15 th November,
2019, which reads thus:
"ARBITRATION AND JURISDICTION
8. Any and all disputers) between the parties hereto
arising under or in relation to or in connection with this
Lease Deed including but not limited to those in respect of
its execution, scope, meaning, performance, breach,
payments, termination, etc., shall be referred to arbitration
of a sole arbitrator to be mutually appointed by the
parties. The arbitral award shall be final and binding on
the parties. The arbitration proceedings shall be conducted
in accordance with the provisions of the Arbitration &
Conciliation Act, 1996 or any reenactment or
modification thereof for the time being in force. The
arbitration proceedings shall be conducted in English. The
seat of arbitration shall be at New Delhi alone. The
arbitration proceedings shall be under the aegis of the
Delhi International Arbitration Centre, New Delhi."
4. Notice, invoking arbitration, was issued by the petitioner on 4th
December, 2020. Though the respondent contested the notice by way
of a reply, Mr. Sushant Aggarwal, learned counsel for the respondent,
fairly concedes the existence of an arbitration agreement between the
parties. He, therefore, has no objection to the dispute being referred
for arbitration, leaving all issues or facts in law open for contest by the
respondent.
5. Learned counsel for the parties are also, ad idem, agreeable for
the matter being arbitrated by Hon'ble Mr. Justice B.D. Ahmed, an
eminent retired Chief Justice of the High Court of Jammu and
Kashmir, who has also adorned the Bench of this Court.
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:26.03.2021
17:09:37
6. In view thereof, this petition is disposed of by referring the
disputes between the parties to arbitration by Hon'ble Mr. Justice B.D.
Ahmed, (retired). The contact details of the arbitrator are as under:
Hon'ble Mr. Justice B.D. Ahmed (retired)
A-14, Friends Colony (West),
Mathura Road,
New Delhi-110065
(Phone) 40453874, 40453874, (mobile) 7042205786
Email: [email protected]
7. As jointly suggested by learned counsel, the learned arbitrator
would be entitled to fees in accordance with the Fourth Schedule to
the 1996 Act.
8. The learned arbitrator would also furnish the requisite
disclosure under Section 12(2) of the 1996 Act within one week of
entering on the reference.
9. With these observations, the petition is disposed of.
C.HARI SHANKAR, J
MARCH 24, 2021
r.bararia
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:26.03.2021
17:09:37
