Delhi High Court
B4S Solutions Pvt Ltd. vs Atc Telecom Infra Structure Pvt. ... on 1 April, 2022
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 01st April, 2022
+ ARB.P. 405/2022&I.A. 5047/2022
B4S SOLUTIONS PVT LTD. ..... Petitioner
versus
ATC TELECOM INFRA STRUCTURE PVT. LTD...... Respondent
Advocates who appeared in this case:
For the Appellant: Mr. Vivek Sharma and Mr. Faeek ul Farooq,
Advocates
For the Respondent: Ms. Shweta Bharti and Mr. Avinash Singh,
Advocates
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J
I.A. 5046/2022 (Exemption)
Allowed, subject to all just exceptions.
ARB.P. 405/2022
1. Petitioner seeks appointment of an Arbitrator under Section
11(6) of the Arbitration & Conciliation Act, 1996 pursuant to an
agreement for service dated 18.02.2019.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:01.04.2022
Signing Date:02.04.2022 10:26:18 20:23
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
2. Issue notice. Notice is accepted by learned counsel appearing
for the respondent.
3. Learned counsel for the respondent without prejudice to the
objection with regard to the invocation submits that she has no
objection to appointment of an Arbitral Tribunal.
4. Learned counsel for the parties inform that attempts were made
for amicable resolution of the disputes, however, same could not be
resolved.
5. Clause 11 of the subject agreement records as under:
11. DISPUTE RESOLUTION:
(a) In the event any disputes, difference or controversies
should arise between the parties hereto, out of or in
connection with the provisions of this Agreement, or any
action taken hereunder, the parties hereto shall thoroughly
explore all possibilities for an amicably settlement. In case
amicably settlement cannot be reached, such disputes,
differences or controversies shall be referred to arbitration
by Sole Arbitrator in accordance with the provisions of the
Arbitration and Conciliation Act 1996, including any
amendment or re-enactment thereof.
(b) The proceedings of such arbitration shall be
conducted in English language and the venue of such
arbitration shall be at New Delhi.
(c) The award of such arbitration shall be final and
binding upon the parties hereto.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:01.04.2022
Signing Date:02.04.2022 10:26:18 20:23
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
6. With the consent of the parties, Mr. Justice V.K. Jain, (retd.)
(former Judge of this Court) is appointed as the Arbitral Tribunal to
arbitrate the disputes between the parties.
7. The Arbitral Tribunal shall adjudicate the claims and counter
claims, if any, of the parties. The Arbitral Tribunal shall fix its own
fee.
8. The arbitrator shall furnish the requisite disclosure under
section 12(2) of the Arbitration and Conciliation Act, 1996 within two
weeks of entering reference.
9. Petition is allowed in the above terms.
SANJEEV SACHDEVA, J
APRIL 1, 2022
'rs'
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:01.04.2022
Signing Date:02.04.2022 10:26:18 20:23
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
