Delhi High Court
Cars24 Services Private ... vs Ranjeet Singh Jindal & Anr. on 17 April, 2023
Neutral Citation Number: 2023:DHC:2573
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment reserved on: 11.04.2023
% Judgment pronounced on: 17.04.2023
+ ARB.P. 432/2022 & IA No.14071/2022
CARS24 SERVICES PRIVATE LIMITED THROUGH ITS
AUTHORIZED REPRESENTATIVE MR GAURANG SAXENA
..... Petitioner
Through: Mr. Arjun Mitra, Mr. Hashal Arora
and Mr. Rishab Raj Jain, Advs.
versus
RANJEET SINGH JINDAL & ANR. .... Respondents
Through: Ms. Avnish Ahlawat, Mr. Apoorva
Misra, Mr. N.K. Singh, Ms. Palak
Rohmetra, Ms. Laavanya Kaushik
and Ms. Aliza Alam, Advs. for
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
JUDGMENT
IA No.5385/2022 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
IA No. 5386/2022 (delay in re-filing the petition)
3. For the reasons stated in the application, the same is allowed and the
delay of 73 days in re-filing the petition is condoned.
4. The application stands disposed of.
Signature Not Verified
By:RADHA BISHT
Signing Date:17.04.2023
15:30:25
Neutral Citation Number: 2023:DHC:2573
ARB.P. 432/2022
5. The present petition filed under Section 11 of the Arbitration &
Conciliation Act, 1996 seeks appointment of a sole arbitrator to adjudicate
the disputes between the parties.
6. The disputes between the parties have arisen in the context of Lease
Deed dated 25.01.2019. The disputes are, inter-alia, on account of alleged
unpaid arrears/monetary claims under the aforesaid lease deed.
7. The arbitration clause as incorporated in the aforesaid lease deed
dated 25.01.2019, reads as under: -
"In case of any difference and/or dispute arising out of the
interpretation and for subsistence or concurrence of the present
agreement shall be mutually and amicably settled between the parties
within a period of 15 (Fifteen) days from the reference of any such
difference and/or dispute by the aggrieved party to the other.
In case, the said difference and/or dispute and/or any part thereof is
not Resolved Jy the parties mutually then the same and/or any part of
the same shall be referred to an Arbitration Tribunal consisting of an
Arbitrator to be appointed mutually by the Lessee and the Lessor. The
decision and award of the said Arbitration Tribunal shall be final and
binding upon the parties. The venue shall be New Delhi/Delhi and
language shall be English."
8. The petitioner while seeking to terminate the aforesaid Lease Deed
vide Termination Notice dated 20.06.2019, sought to unilaterally appoint a
Sole Arbitrator. The same was objected to by the respondent vide
communication dated 25.06.2019.
9. After some hearing, respective counsel for the parties are in
agreement that an independent sole arbitrator be appointed to adjudicate the
disputes between the parties.
10. In the circumstances, Mr. Saurabh Seth, Advocate (Mobile No.:
9811393402) is appointed as the Sole Arbitrator to adjudicate the disputes
Signature Not Verified
By:RADHA BISHT
Signing Date:17.04.2023
15:30:25
Neutral Citation Number: 2023:DHC:2573
between the parties.
11. It is further agreed between the parties that the Arbitration be held
under the aegis of and as per the Rules of the Delhi International Arbitration
Centre (DIAC). It is directed accordingly.
12. The respondent shall be entitled to raise preliminary objections as
regards jurisdiction/arbitrability/limitation which shall be decided by the
learned sole arbitrator in accordance with law.
13. All rights and contentions of the parties in relation to the
claims/counter-claims are kept open, to be decided by the learned Sole
Arbitrator on their merits.
14. Needless to say, nothing in this order shall be construed as an
expression of opinion of this court on the merits of the dispute between the
parties.
15. The present petition stands disposed of in the above terms along with
the pending application.
SACHIN DATTA, J.
APRIL 17, 2023/cl
Signature Not Verified
By:RADHA BISHT
Signing Date:17.04.2023
15:30:25
