Maharaja Agarsain Public Schoo vs M/S Entab Infotech Pvt Ltd
2024 Latest Caselaw 5963 Del

Delhi High Court

Maharaja Agarsain Public Schoo vs M/S Entab Infotech Pvt Ltd on 9 September, 2024

Author: C. Hari Shankar

Bench: C.Hari Shankar

                    $~11
                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                    +           ARB.P. 1131/2024
                                MAHARAJA AGARSAIN PUBLIC SCHOOL                                  .....Petitioner
                                                             Through:      Mr. Sharad Malhotra, Adv.

                                                             versus

                                M/S ENTAB INFOTECH PVT LTD          .....Respondent
                                              Through: Mr. Ashish Kumar, Adv.

                                CORAM:
                                HON'BLE MR. JUSTICE C.HARI SHANKAR
                                                          JUDGMENT (ORAL)

% 09.09.2024

1. This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 19961, seeking reference of the disputes between the parties to arbitration.

2. Mr. Ashish Kumar, learned counsel for the respondent, at the outset, submits, on instructions, that he has no objection to the disputes being referred to arbitration.

3. The disputes arise in the context of a Campuscare Software Service Level Agreement dated 11 May 2023. The said agreement contains an arbitration clause, which read thus:

"22. Governing Law and jurisdiction

a) Arbitration: Any dispute arising out of the present

"the 1996 Act", hereinafter

Digitally Signed By:AJIT Digitally Signed KUMAR By:CHANDRASHEKHARAN HARI SHANKAR Signing Date:11.09.2024 Signing Date:11.09.2024 15:17:43 15:14:13 agreement shall be first settled mutually between the parties failing which the disputes shall be referred to a sole arbitrator to be appointed with the mutual consent of both the parties."

4. Apropos the disputes that arose between the parties, the petitioner addressed a notice to the respondent under Section 21 of the 1996 on 29 December 2023.

5. The total claim of the petitioner against the respondent is in the region of ₹ 25 lakhs.

6. Accordingly, this dispute is referred to the Delhi International Arbitration Centre2 to appoint a suitable arbitrator to arbitrate on the disputes.

7. Learned counsel for the parties ad idem submit that it would expedite matters if the arbitrator is conversant with software development. The DIAC would keep this factor in mind while appointing the arbitrator.

8. The arbitration shall take place under the aegis of the DIAC and would abide by its rules and regulations.

9. The arbitrator shall be entitled to charge fees as per the schedule of fees maintained by the DIAC.

"the DIAC", hereinafter

Digitally Signed By:AJIT Digitally Signed KUMAR By:CHANDRASHEKHARAN HARI SHANKAR Signing Date:11.09.2024 Signing Date:11.09.2024 15:17:43 15:14:13

10. The arbitrator is also requested to file the requisite disclosure under Section 12(2) of the 1996 Act, within a week of entering on reference.

11. All contentions of fact and law are left open for adjudication before the arbitrator.

12. The petition stands allowed in the aforesaid terms.

C. HARI SHANKAR, J.

SEPTEMBER 9, 2024 yg Click here to check corrigendum, if any

Digitally Signed By:AJIT Digitally Signed KUMAR By:CHANDRASHEKHARAN HARI SHANKAR Signing Date:11.09.2024 Signing Date:11.09.2024 15:17:43 15:14:13