ARBAP/31/2023
2023 Latest Caselaw 2083 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                 THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI


            ARBITRATION APPLICATION NO. 31 OF 2023

                             04TH AUGUST, 2023

BETWEEN:
Windlas Biotech Ltd                                              .....Applicant.
And

Delius Pharmaceuticals Pvt. Ltd. & another

                                                                 ....Respondents.

Counsel for the Applicant : Mr. Sahil Mullick, learned counsel.

Counsel for the Respondents : Mr. Dharmender Bhan and Mr. Amanjot Singh Chadha, learned counsels.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

This application has been preferred by the applicant

under Section 11(6) of the Arbitration and Conciliation Act,

1996, to seek appointment of the sole Arbitrator to decide the

disputes between the parties, as per Clause 16 of the

Manufacturing Agreement dated 27.05.2022, since the

disputes have arisen between the parties.

2. Under the said agreement, the applicant- Windlas

Biotech Ltd. agreed to manufacture, for the respondents,

certain medicinal preparations. The agreement provides for

settlement of disputes through arbitration in Clause 16. The

same provides that the disputes between the parties shall be

settled through arbitration and the seat of arbitration shall be

at Dehradun.

3. Disputes arose between the parties, and

consequently, the applicant invoked the arbitration

agreement vide notice dated 03.04.2023. Despite invocation

of arbitration agreement, the parties have not been able to

appoint an Arbitrator, and consequently, this arbitration

application was preferred.

4. The respondents have filed their reply. The

respondents do not dispute the factum of the parties entering

into the agreement, and also the fact that the same contains

an arbitration clause. In fact, the respondents are proposed

the names of a few Retired Judges of High Court of Delhi, one

of whom could be appointed as an Arbitrator.

5. In the light of the aforesaid, I am inclined to allow

this application.

6. Accordingly, this application is allowed, and I

appoint Mr. Justice Najmi Waziri, Retired Judge, High Court of

Delhi (Mobile No.9810097311), to act as the sole Arbitrator to

adjudicate the disputes between the parties, under the

aforesaid Agreement/ Contract.

7. The learned Arbitrator may conduct the

proceedings virtually, and if necessary, the same be held at

Dehradun. The seat of Arbitration shall, however, remain at

Dehradun in terms of the agreement between the parties.

8. The present application stands disposed of in the

aforesaid terms.

9. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

Dated: 04th August, 2023 NISHANT