Delhi High Court
91 Springboard Business Hub Private ... vs Boston Institute Of Analytics Global ... on 26 March, 2025
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~O-1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 1953/2024
Date of Decision: 26.03.2025
IN THE MATTER OF:
91 SPRINGBOARD BUSINESS HUB PRIVATE LIMITED
.....Petitioner
Through: Mr. Sagar Shivam Jaiswal, Mr.
Nikunj Garg and Mr. Vishal Rao,
Advs.
versus
BOSTON INSTITUTE OF ANALYTICS GLOBAL EDUCATION
PRIVATE LIMITED .....Respondent
Through: None.
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
JUDGEMENT
PURUSHAINDRA KUMAR KAURAV, J. (ORAL)
1. The petitioner has filed three affidavit(s) of service.
2. The first affidavit of service dated 10.01.2025 reads as under:-
"1. I am the counsel for petitioner in the matter and have the knowledge of
the proceedings emanating from the petition
2. I say that I have served the copy of the petition for appointment of
arbitrator to the Respondent on the registered e-mail ID of the respondent
on 09.01.2025 as available on the portal of MCA and also on the e-mail id
available with the petitioner in their record which is as
[email protected],
[email protected]@outlook.com.
3. The email sent to [email protected],
[email protected], has bounced back and not
delivered, however, the e-mail sent on [email protected] has not
bounced back. The copy of e-mail is annexed herewith as ANNEXURE-
Digitally Signed By:PRIYA Digitally Signed
Signing Date:02.04.2025 By:PURUSHAINDRA
18:01:47
KUMAR KAURAV
A/1.
4. .I say that the above affidavit is true and correct to the best of my
knowledge and record available."
3. The second affidavit of service dated 24.03.2025 reads as under:-
"1. I am the counsel for petitioner in the matter and have the knowledge of
the proceedings emanating from the petition.
2. I say that I have served the copy of the petition for appointment of
arbitrator to the Respondent on the registered e-mail ID of the respondent
on 23.03.2025 as available on the portal of MCA and also on the e-mail id
available with the petitioner in their record which is as
[email protected],
[email protected], and [email protected],
[email protected].
3. The email sent to [email protected],
and [email protected] has bounced back
and not delivered, however, the e-mail sent on
[email protected], and [email protected] has
not bounced back. The copy of e-mail is annexed herewith as
ANNEXURE-A/1.
4. I say that the above affidavit is true and correct to the best of my
knowledge and record available."
4. The third affidavit dated 25.03.2025, reads as under:-
"1. I am working with the petitioner company in the matter and have the
knowledge of the proceedings emanating from the petition.
2. I say that I have served the dasti notice upon the respondent on the
following addresses as below on 12.03.2025, however, the representative
of the respondent, after receiving the dasti notice, refused to acknowledge
the receipt of same. The address is as below:
A. ADDRESS MENTIONED IN THE AGREEMENT
BOSTON INSTITUTE OF GLOBAL ANALYTICS PRIVATE
LIMITED
AT: FLOOR-12, KANAKIA WALLSTREET,
ANDHERI EAST, MUMBAI-400093
E-Mail:patilbandla.srinivas@bostoninstituteofanalytics,org:
B. REGISTERED ADDRESS MENTIONED IN MCA DATA:
BOSTON INSTITUTE OF GLOBAL ANALYTICS PRIVATE
LIMITED
Digitally Signed By:PRIYA Digitally Signed
Signing Date:02.04.2025 By:PURUSHAINDRA
18:01:47
KUMAR KAURAV
AT: B-1213, B-1214, B-1214A,WALL STREET AK ROAD,
CHAKALA,ANDHERI, MUMBAI, MAHARASHTRA - 400093
C. ADDRESS MENTIONED IN THE REPLY (DOCUMENT-G)
FOR DASTI
BOSTON INSTITUTE OF GLOBAL ANALYTICS PRIVATE
LIMITED
AT: 1214 B -1214A, KANAKIA WALL STREET,
ANDHERI EAST, MUMBAL, MAHARASHTRA, - 400093
3. I say that I tried to affix the dasti notice at the entrance of office of
respondent but I was restrained from doing so by the employees of the
respondent company. However, I duly informed the proceedings against
them and also informed the next date of hearing.
4. I say that the above affidavit is true and correct to the best of my
knowledge and record available."
5. At this juncture, reference can be drawn to the case of Lease Plan
India (P) Ltd. v. Rudraksh Pharma Distributor1 wherein, this Court
permitted the service of the petition by email and WhatsApp. In the said
decision, the Court held as follows:-
"7. It is nonetheless clear that the respondents have been duly served by
email and WhatsApp. It may be noted that the email address and the
mobile number of the respondents is mentioned in the Agreement itself [at
page Nos. 35, 37, 40 and 43 of the petition]. The affidavit of service dated
28.03.2024, affirmed by the authorised representative/legal counsel of the
petitioner - company, demonstrates service by both these modes.
8. Although service by email and WhatsApp is sufficient, it may also be
noted that in the Agreement itself, the address of the respondent for the
purposes of correspondence, provided in Clause 10.3, is the address at
which service has been attempted. The notice invoking arbitration sent to
the same address was reported to have been delivered, but in the Speed
Post report, by which the petition was sent to the address, it is stated that
no such person is available at the address."
6. Taking into consideration the submissions advanced, the affidavit of
service placed on record by the petitioner, and the steps undertaken to effect
2024 SCC OnLine Del 2687
Digitally Signed By:PRIYA Digitally Signed
Signing Date:02.04.2025 By:PURUSHAINDRA
18:01:47
KUMAR KAURAV
service upon the respondents through email as well as dasti, the Court is
satisfied that the respondents have been duly served.
7. In view of the above, this Court is constrained to proceed ex parte
against the respondents. Ordered accordingly.
8. The present petition has been filed under Section 11 of the Arbitration
and Conciliation Act, 1996 (the 1996 Act) by the petitioner, seeking
appointment of an Arbitrator to adjudicate upon the dispute between the
parties, in terms of the Membership Agreement dated 11.10.2023
9. Heard learned counsel appearing on behalf of the petitioner.
10. A perusal of the petition reveals that, pursuant to mutual negotiations,
a Membership Agreement dated 11.10.2023 was executed between the
parties, whereby the respondent was entitled to avail co-working space
services with access for seven members, for a monthly membership fee of
Rs.70,210/-. It is the case of the petitioner that the respondent has defaulted
in the payment of the agreed monthly membership fees from February 2024
onwards. Consequently, as per the terms of the agreement, an amount of
Rs.4,48,038/- has become recoverable from the respondent, inclusive of
outstanding monthly dues and charges arising from breach of the mandatory
lock-in period. The petitioner thus contends that the respondent is in breach
of the aforesaid Membership Agreement.
11. The Court takes note of the Arbitration Clause 17(f) of the
Appointment Letter dated 11.10.2023, which reads as under:-
"Dispute Resolution: Any dispute arising out of or in connection with
this Terms of Offer which is not resolved within 21 (Twenty-One) days
after the service of a notice by a Party on the other, including any
question regarding its existence, validity or termination shall be
referred to and finally resolved through arbitration by a sole arbitrator
nominated mutually by both parties under the Arbitration and
Digitally Signed By:PRIYA Digitally Signed
Signing Date:02.04.2025 By:PURUSHAINDRA
18:01:47
KUMAR KAURAV
Conciliation Act, 1996 and other applicable provisions thereof. In the
event the parties are not able to mutually appoint one arbitrator within
5 days from the commencement of discussion to this effect, each party
would appoint one arbitrator who will in-turn appoint a third
arbitrator who would be the chairperson of the tribunal thus
constituted. The arbitration proceedings shall be in the English
language and shall be held in New Delhi. The arbitration award shall
be final and binding on the Parties."
12. It is evident that where there exists an arbitration clause, and in event
any dispute has arisen between the parties, there is no impediment in
appointing an independent Sole Arbitrator for adjudicating the disputes
between the parties. In this regard, reference can be made to the following
judgments of the Supreme Court in Perkins Eastman Architects DPC v.
HSCC (India) Ltd.,2 TRF Limited v. Energo Engineering Projects Ltd.,3
Bharat Broadband Network Limited v. United Telecoms Limited.,4 and
Interplay between Arbitration Agreements under the Arbitration &
Conciliation Act, 1996 & the Indian Stamp Act, 1899, In re 5.
13. In view of the fact that disputes have arisen between the parties and
there is an arbitration clause in the appointment letter, this Court is inclined
to appoint an Arbitrator to adjudicate upon the disputes between the parties.
14. Accordingly, Ms. Ashu Rani, (Mobile No.+91-99536-45078; email
ID: [email protected]) is appointed as the sole Arbitrator.
15. 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.
The Sole Arbitrator shall be entitled to fee in accordance with the IVth
Schedule of the A&C Act; or as may otherwise be agreed to between the
(2020) 20 SCC 760
(2017) 8 SCC 377
2019 SCC OnLine SC 547
Digitally Signed By:PRIYA Digitally Signed
Signing Date:02.04.2025 By:PURUSHAINDRA
18:01:47
KUMAR KAURAV
parties and the learned Sole Arbitrator.
16. The parties shall share the Arbitrator's fee and arbitral cost, equally.
17. All rights and contentions of the parties in relation to the
claims/counter claims are kept open, to be decided by the Sole Arbitrator on
their merits, in accordance with law.
18. Needless to say, nothing in this order shall be construed as an
expression of opinion of this Court on the merits of the controversy between
the parties. All rights and contentions of the parties in this regard are
reserved. Let the copy of the said order be sent to the newly appointed
Arbitrator through the electronic mode as well.
19. Accordingly, the instant petitions stand disposed of.
PURUSHAINDRA KUMAR KAURAV, J
MARCH 26, 2025/DPA/SP
Click here to check corrigendum, if any
2023 SCC OnLine SC 1666.
Digitally Signed By:PRIYA Digitally Signed
Signing Date:02.04.2025 By:PURUSHAINDRA
18:01:47
KUMAR KAURAV
