M/S Pvr Limited vs S.N. Cinema Pvt. Ltd & Ors.
2022 Latest Caselaw 1165 Del

                                      $~1 & 46
                                      *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      %                      Judgment delivered on: 25th April, 2022

                                      +                      ARB.P. 24/2022


                                      M/S PVR LIMITED                                ..... Petitioner
                                                             versus

                                      S.N. CINEMA PVT. LTD & ORS.                    ..... Respondent
                                                                      AND


                                      +                      ARB.P. 484/2022 & I.A 6336/2022
                                      S.N. CINEMA PVT. LTD                            ..... Petitioner
                                                             versus


                                      M/S PVR LIMITED                                ..... Respondent

                                      Advocates who appeared in this case:
                                      For the Petitioner:    Mr. Tanuj Khurana and Mr. Abhishek Rawat,
                                                             Advocates for M/s. PVR Ltd.

                                      For the Respondent:    Mr. Praveen Agrawal and Mr. Ramesh Chandra,
                                                             Advocates for S.N. Cinema Pvt. Ltd.


                                      CORAM:-
                                      HON'BLE MR JUSTICE SANJEEV SACHDEVA



                                      ARB.P. 24/2022 & 484/2022                                       Page 1 of 3

                                                                                         Digitally Signed
Signature Not Verified                                                                   By:JUSTICE SANJEEV
Digitally Signed By:KUNAL                                                                SACHDEVA
MAGGU                                                                                    Signing Date:25.04.2022
Signing Date:26.04.2022 13:34:31                                                         22:56
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
                                                                    JUDGMENT

SANJEEV SACHDEVA, J

1. Both the petitions are in the nature of cross-petitions seeking appointment of an arbitral tribunal and reference of disputes allegedly arising out of agency agreement dated 01.07.2017 read with addendum dated 23.03.2018.

2. Learned counsel appearing for S.N. Cinema Pvt. Ltd. submits that claims raised by M/s. PVR Limited are beyond the scope of arbitration.

3. Without prejudice to the above, learned counsel for the parties are agreeable that claims and counter-claims, if any, be referred to a sole arbitral tribunal reserving the right of the parties to raise objection with regard to maintainability of any particular claim before the arbitral tribunal.

4. In view of the above and with the consent of the parties and without prejudice to their rights and contentions, Mr. Justice Jayant Nath (Retd) (Mobile No. +91 85279 59494), a former Judge of this Court is appointed as the Sole Arbitrator. The Arbitral tribunal shall entertain the claims and counter claims, if any, of the parties.

                                                                                               Digitally Signed
Signature Not Verified                                                                         By:JUSTICE SANJEEV
Digitally Signed By:KUNAL                                                                      SACHDEVA
MAGGU                                                                                          Signing Date:25.04.2022
Signing Date:26.04.2022 13:34:31                                                               22:56
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.

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

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

7. Petitions are disposed of in the above terms.

SANJEEV SACHDEVA, J APRIL 25, 2022 NA

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:25.04.2022 Signing Date:26.04.2022 13:34:31 22:56 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.