Saya Buildcon Private Limited vs Mr Vijay Kumar Aggarwal & Ors.
2022 Latest Caselaw 1392 Del

                                      $~6
                                      *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      %                                   Judgment delivered on: 09th May, 2022

                                      +      O.M.P.(I) (COMM.) 105/2022 &           I.A. 5197/2022

                                      SAYA BUILDCON PRIVATE LIMITED                         ..... Petitioner

                                                                    versus

                                      MR VIJAY KUMAR AGGARWAL & ORS.                       ..... Respondent
                                      Advocates who appeared in this case:
                                      For the Petitioner:          Mr. Vijay Nair and Mr. Vineet Sinha, Advocate

                                      For the Respondents:          Mr. Krishnendu Datta, Senior Advocate with Mr.
                                                                    Zorawar Singh and Mr. Hitesh Mankar, Advocates

                                      CORAM:-
                                      HON'BLE MR. JUSTICE SANJEEV SACHDEVA

                                                                       JUDGMENT

SANJEEV SACHDEVA, J

1. Petitioner, by this petition under Section 9 of the Arbitration & Conciliation Act, 1996 seeks certain declaratory and interim measures against the respondents.

2. The disputes have arisen, inter-alia, out of the partnership agreement and the memorandum of understanding both dated 22.11.2017. Both the partnership agreement and memorandum of understanding contain clauses providing for settlement of disputes through the process of arbitration.

3. After some arguments, learned counsel for the parties are agreeable

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digital Signed By:KUNAL SACHDEVA MAGGU Signing Date:09.05.2022 Signing Date:10.05.2022 12:25:38 20:50 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

that an Arbitral Tribunal be constituted by this Court in these proceedings itself, reserving the right of the parties to approach the Arbitral Tribunal under Section 17 of the Arbitration & Conciliation Act, 1996 for interim measures.

4. Accordingly, with the consent of the parties and without prejudice to their respective rights and contentions, parties are referred to arbitration.

5. With the consent of parties, Mr. Justice A.K. Sikri, Former Judge, Supreme Court of India, (Email: [email protected]; [email protected]) is appointed as the Sole Arbitrator to adjudicate the claims and counter-claims, if any, of the parties.

6. It would be open to the parties to approach the Arbitral Tribunal under Section 17 of the Arbitration & Conciliation Act, 1996 for interim measures, in accordance with law.

7. The fees of the Arbitral Tribunal shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996.

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

9. Petition is disposed of in the above terms.

                                                                                        SANJEEV SACHDEVA, J
                                      MAY 9, 2022/'rs'



                                                                                                    Digitally Signed
Signature Not Verified                                                                              By:JUSTICE SANJEEV
Digital Signed By:KUNAL                                                                             SACHDEVA
MAGGU                                                                                               Signing Date:09.05.2022
Signing Date:10.05.2022 12:25:38                                                                    20:50
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.