Delhi High Court
Jatayu Enterprises Services ... vs State Bank Of India Through Its ... on 10 May, 2022
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 10.05.2022
+ ARB.P.829/2021
JATAYU ENTERPRISES SERVICES THROUGH ITS AUTHORIZED
SIGNATORY ..... Petitioner
versus
STATE BANK OF INDIA THROUGH ITS MANAGING
DIRECTOR/CHAIRMAN & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. M.S.Oberoi, Advocate (through VC).
For the Respondent: Mr. Siddharth Sangal and Ms. Nilanjani Tandon, Advocates.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner seeks appointment of an arbitral Tribunal and reference of
disputes pursuant to the agreement for provision of caretaking services as
per agreement dated 12.05.2012 to the Tribunal.
2. Learned counsel for the respondent submits that the original
agreement dated 12.05.2012 was for a limited period and thereafter fresh
agreements were executed from time to time.
3. Respondent has filed an additional affidavit contending that after the
initial agreement dated 12.05.2012, agreements were signed in 2014 on a
stamp paper dated 16.08.2014 and thereafter signed on 30.04.2015 and
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:10.05.2022
Signing Date:11.05.2022 11:22:04 21:43
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
01.05.2016.
4. Perusal of the agreement filed by the petitioner as also by the
respondents shows that all the agreements contain identical arbitration
clauses.
5. Learned counsel for the respondent submits that some of the claims
are barred by limitation and he reserves the right to raise the dispute with
regard to maintainability as well as limitation before the arbitral tribunal.
6. It is thus clear that parties have agreed to settle all their disputes
through the process of arbitration. Consequenlty, the parties are referred to
arbitration.
7. With the consent of the parties and without prejudice to their rights
and contentions, Mr. J.P.Sengh, Senior Advocate (Mobile # +91 98100
34286) is appointed as the Sole Arbitrator to adjudicate the claims and
counter claims, if any, of the parties.
8. The fees of the learned Arbitrator shall be as per the Fourth Schedule
of the Arbitration and Conciliation Act, 1996.
9. The Arbitrator shall furnish the requisite disclosure under section 12
of the Arbitration and Conciliation Act, 1996 within two weeks of entering
reference.
10. Petition is disposed of in the above terms.
SANJEEV SACHDEVA, J.
MAY 10, 2022/rk
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:10.05.2022
Signing Date:11.05.2022 11:22:04 21:43
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
