Kamal Enterprise vs Hero Motocorp Ltd.
2022 Latest Caselaw 1127 Del

                                      $~7
                                      *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      %                         Judgment delivered on: 21st April, 2022

                                      +                         ARB.P. 310/2022
                                      KAMAL ENTERPRISE                                       ..... Petitioner
                                                                versus

                                      HERO MOTOCORP LTD.                                   ..... Respondent

                                      Advocates who appeared in this case:
                                      For the Petitioner:       Mr. Amit Bhagat and Ms. Arzoo Raj, Advocates.

                                      For the Respondent:       Mr. Dhruv Nagpal, Mr Rahul Malhotra and Mr.
                                                                Surajit Chatterjee, Advocates.

                                      CORAM:-
                                      HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                                                                   JUDGMENT

SANJEEV SACHDEVA, J

1. Petitioner seeks appointment of an Arbitral Tribunal in terms of clause 23.16 contained in the Dealership Agreement dated 25.02.2018.

2. Learned counsel for the respondent submits that without prejudice, respondent has no objection to reference to arbitration.

3. Learned counsel appearing for the parties submit that though

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:22.04.2022 Signing Date:23.04.2022 12:43:10 22:17 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

the dispute stipulates that reference shall be to a panel of three arbitrators, however, they pray that a sole Arbitral Tribunal be constituted to adjudicate the disputes between the parties.

4. Accordingly, with the consent of parties Mr. Justice Jayant Nath (Retd), former judge of this court (+91 8527959494) is appointed as the sole Arbitral Tribunal to adjudicate the dispute between the parties. The Arbitral tribunal shall entertain the claims and counter claims, if any, between the parties.

2. The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996.

3. Arbitrator shall furnish the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within two weeks of entering reference.

4. Petition is disposed of in the above terms.

SANJEEV SACHDEVA, J APRIL 21, 2022 SO

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:22.04.2022 Signing Date:23.04.2022 12:43:10 22:17 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.