M/S Positive Real Tech Pvt. Ltd. vs M/S Jyoti Electricals
2022 Latest Caselaw 1561 Del

                                      $~3
                                      *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      %                         Judgment delivered on: 13th May, 2022

                                      +     ARB.P. 306/2022
                                      M/S POSITIVE REAL TECH PVT. LTD.                     ..... Petitioner

                                                                versus
                                      M/S JYOTI ELECTRICALS                                ..... Respondent
                                      Advocates who appeared in this case:
                                      For the Appellants:           Mr. Bharat Chugh and Ms. Appoorva Saxena,
                                                                    Advocates
                                      For the Respondent:           Mr. Shrikant Tyagi, Advocate (through VC)

                                      CORAM:-
                                      HON'BLE MR. JUSTICE SANJEEV SACHDEVA

                                                                   JUDGMENT

SANJEEV SACHDEVA, J

1. Petitioner seeks appointment of an Arbitral Tribunal in respect of the disputes that have arisen out of the work order dated 15.03.2021.

2. Learned counsel for the petitioner submits that on account a typographical error in the petition, the claim for loss of reputation has been mentioned as Rs. 1 crore instead of Rs. 10 lakhs. He submits that the claim be read as Rs. 10 lakhs instead of Rs. 1 crore.

                                                                                               Digitally Signed
Signature Not Verified                                                                         By:JUSTICE SANJEEV
Digitally Signed By:KUNAL                                                                      SACHDEVA
MAGGU                                                                                          Signing Date:14.05.2022
Signing Date:14.05.2022 15:58:39                                                               12:21
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.

3. Learned counsel appearing for the respondent submits that without prejudice to their rights and contentions, they have no objection to the Arbitral Tribunal being constituted and the disputes being referred to arbitration.

4. Without prejudice to the above, learned counsel for the parties pray that the parties be referred to Delhi International Arbitration Centre (DIAC).

5. In view of the above, the disputes are referred to the Delhi International Arbitration Centre (DIAC), which would appoint an arbitrator to arbitrate the disputes. Arbitration shall take place under the aegis of the DIAC in accordance with its rules and regulations.

6. The arbitrator would be entitled to charge fees in accordance with the schedule of fee stipulated by the DIAC.

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

8. Petition is disposed of in the above terms.

SANJEEV SACHDEVA, J MAY30, 2022/'rs'

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:14.05.2022 Signing Date:14.05.2022 15:58:39 12:21 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.