Delhi High Court
Visions Aproprietorship Concern ... vs Mega Mall Condominium ... on 16 September, 2021
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 53/2021
VISIONS APROPRIETORSHIP CONCERN THROUGH ITS
PROPRIETOR MS PAYAL KAPOOR ..... Petitioner
Through Mr. Manish Kumar Srivastava
and Mr. Akhil Hasija, Advocates
versus
MEGA MALL CONDOMINIUM
ASSOCIATION & ANR. ..... Respondents
Through Mr. G S Chauhan, Advocate for
Respondent No.1
Mr. Bharat Singh Sisodia, Advocate for
Respondent No. 2
CORAM:
HON' BLE MR. J USTICE C .HARI SHANKAR
O R D E R (ORAL)
% 16.09.2021
(Video-Conferencing)
1. This is a petition under Section 11(5) of the Arbitration and
Conciliation Act, 1996 ("1996 Act", in short), for referring the
disputes between the parties to arbitration. The arbitration clause, in
the agreement between the parties, reads as under:
"17.1 All disputes, controversies and differences arising out
of or relating to this Agreement, including a dispute relating
to the validity or existence of this Agreement and any non-
contractual obligations arising out of or in connection with
this Agreement ("Dispute") shall be referred for arbitration
under the provisions of the then prevailing Arbitration and
Conciliation Act, 1996 (or any amendment thereto).
17.2 The arbitral proceedings shall be conducted by a sole
arbitrator to be appointed by mutual consent of JLLBO and/or
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:22.09.2021
10:52:44
Client and Service Provider...As part of the terms of the
appointment, the arbitrator shall be required to produce a final
and binding award or awards within three (3) months of the
appointment of the arbitrator. Parties shall use their best
efforts to assist the arbitrator to achieve this objective, and the
parties agree that this three (3) month period shall only be
extended in exceptional circumstances, which are to be
determined by the arbitrator in its absolute discretion.
17.3 The arbitral award passed by the arbitrator shall be
final and binding on the Parties and shall be enforceable in
accordance with its terms. The arbitrator shall state reasons
for its findings in writing. The Parties agree to be bound
thereby and to act accordingly.
17.4 The arbitration shall be held at New Delhi and the
arbitral proceedings shall be conducted in the English
language.
17.5 This Clause 17 does not preclude a Party from seeking
equitable relief, including injunction and preliminary
injunction from a court of law.
17.6 During the pendency of any Dispute, the Service
Provider shall continue to perform the Services in accordance
with the terms of this Agreement.
17.7 This Agreement is governed by the laws of India. The
Parties agree to submit to the exclusive jurisdiction of the
courts of New Delhi alone.
17.8 This Clause 17 shall survive any termination or expiry
of this Agreement."
2. Notice invoking arbitration was sent by the petitioner to the
respondents on 4th November, 2020. The substance of the dispute is
set out in paras 1 to 12 of the said notice, which are, for the sake of
brevity, not being reproduced herein.
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:22.09.2021
10:52:44
3. Suffice it to state that the claim of the petitioner, against the
respondents, is to the tune of ₹ 31,88,197/- along with interest.
4. Mr. Chauhan, learned Counsel for Respondent No. 1, submits
that he has no objection to the dispute being referred to arbitration.
5. Mr. Sisodia, learned Counsel for Respondent No. 2, merely
submits that he was acting only at the behest of Respondent No. 1 and
that, therefore, his client should not be saddled with costs of
arbitration.
6. That would be an issue to be taken up before the learned
Arbitral Tribunal. There is no dispute about the fact that Respondent
Nos. 1 and 2 are both parties to the arbitration agreement.
7. In view thereof, I deem it appropriate to refer the contest
between the parties to the Delhi International Arbitration Centre
(DIAC), which would appoint a suitable arbitrator to arbitrate on the
disputes between the parties.
8. The arbitration shall take place under the aegis of the DIAC and
would abide by its rules and regulations.
9. The arbitrator would also be entitled to charge fees in
accordance with the schedule of fees maintained by the DIAC or
otherwise shall be fixed in consultation with the parties to the
arbitration.
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:22.09.2021
10:52:44
10. The arbitrator would furnish the requisite disclosure under
Section 12(2) of the 1996 Act within a week of entering on reference.
11. The petition stands allowed of in the aforesaid terms with no
orders as to costs.
C. HARI SHANKAR, J.
SEPTEMBER 16, 2021
r.bararia
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:22.09.2021
10:52:44
