Citation : 2022 Latest Caselaw 1100 Del
Judgement Date : 19 April, 2022
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 19th April, 2022
+ ARB.P. 356/2022
M/S TRAVEL RETAIL SERVICES PVT. LTD ..... Petitioner
versus
M/S THREE VEE MARKETING PVT LTD ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Utsav Trivedi, Mr. Abhimay Sharma, Mr.
Himanshu Sachdeva and Ms. Shivani Bhushan,
Advocates
For the Respondent: Mr. Sameer Jain, Mr. Suvigya Awasthy, Mr. Lave
Kumar Gupta and Mr. Vivek Joshi, Advocates
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J
1. Petitioner seeks reference of disputes to Arbitration in accordance with the Sub-Licence Agreement dated 04.12.2018.
2. Learned counsel for the respondent submits that petitioner has not taken the requisite pre arbitration steps. This is disputed by learned counsel for the petitioner who submits that efforts were made to reconcile, some proposals were also exchanged, however,
Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:19.04.2022 Signing Date:20.04.2022 15:26:17 20:08 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
respondent did not honour their offer and consequently the petitioner was constrained to approach this Court.
3. Learned counsel appearing for the respondent submits that respondent also has certain counter claims which are in the process of being computed.
4. Without prejudice to the above, learned counsel for the parties pray that the disputes be referred to arbitration.
5. With the consent of the parties and without prejudice to their rights and contentions, Mr. Dalip Mehra, Advocate (Mobile No. +91 9811084919; Email: [email protected] ) is appointed as the sole Arbitrator. The Arbitral tribunal shall adjudicate the claims and counter claims, if any, between the parties.
6. The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996.
7. Arbitrator shall furnish the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within two weeks of entering reference.
8. Petition is disposed of in the above terms.
APRIL 19, 2022'rs' SANJEEV SACHDEVA, J
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:19.04.2022
Signing Date:20.04.2022 15:26:17 20:08
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
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