Delhi High Court
Naresh Ghai vs Charoo Talwar on 23 July, 2024
Author: C.Hari Shankar
Bench: C. Hari Shankar
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 105/2024
NARESH GHAI .....Petitioner
Through: Mr. Rudreshwar Singh and Mr.
Gautam Singh, Advocates
Versus
CHAROO TALWAR .....Respondent
Through: Mr. Deepak Agarwal and Mr.
Abhay Kumar Tayal, Advocates
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
JUDGMENT (ORAL)
% 23.07.2024
1. This is a petition under Section 11(6) of the Arbitration and
Conciliation Act, 1996 ("the 1996 Act") for reference of the disputes
between the parties to arbitration.
2. The arbitration clause, which governs the parties, is contained in
the Lease Deed dated 1 October 2019 and reads thus:
"32. Each of the Party to this Deed hereby undertake and declare
that they have the necessary power and authority to enter into this
Deed and the respective signatories signing and executing this
Deed on their respective part have the necessary competence,
authority and power to enter into, sign and execute this Deed. The
signatories to this Deed also personally covenant that they are duly
authorized to execute this Deed on behalf of the respective party or
individually as the case may be."
Digitally Signed By:AJIT Digitally Signed
KUMAR By:CHANDRASHEKHARAN
HARI SHANKAR
Signing Date:25.07.2024 Signing Date:25.07.2024
15:17:18 15:14:49
3. Disputes having arisen between the petitioner and the respondent
in connection with the aforesaid Lease Deed, the petitioner addressed a
notice dated 29 November 2023 to the respondent under Section 21 of
the 1996 Act, calling for reference of the disputes to arbitration.
4. The name of an Advocate of this Court was suggested by the
petitioner to act as an arbitrator. The respondent having denied the
said request by reply dated 6 December 2023 the petitioner has
instituted the present petition under Section 11(6) of the 1996 Act.
5. Learned Counsel for the respondent has no objection to the
disputes being referred to arbitration.
6. The quantum claimed in the matter is stated to be in the region of
₹ 50 Lakhs. The dispute is referred to the Delhi International
Arbitration Centre (DIAC), which shall proceed to nominate an
appropriate arbitrator to arbitrate thereon.
7. The arbitration would take place under the aegis of the DIAC and
would abide by its rules and regulations. The learned arbitrator shall
be entitled to fees as per the schedule of fees maintained by the DIAC.
8. The learned arbitrator is also requested to file the requisite
disclosure under Section 12(2) of the 1996 Act within a week of
entering on reference.
Digitally Signed By:AJIT Digitally Signed
KUMAR By:CHANDRASHEKHARAN
HARI SHANKAR
Signing Date:25.07.2024 Signing Date:25.07.2024
15:17:18 15:14:49
9. The respondent is entitled to file a counter-claim, if so, she
chooses in the arbitral proceedings.
10. The petition stands allowed in the aforesaid terms.
C.HARI SHANKAR, J
JULY 23, 2024
rb
Click here to check corrigendum, if any
Digitally Signed By:AJIT Digitally Signed
KUMAR By:CHANDRASHEKHARAN
HARI SHANKAR
Signing Date:25.07.2024 Signing Date:25.07.2024
15:17:18 15:14:49
