Sanjay Sodhi v. Ms Cineline India Limited

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 132/2025 SANJAY SODHI .....Petitioner Through:

Mr.

Swarnendu Chatterjee, Ms.

Deepakshi Garg and Ms. Harshita Rawat, Advocates.

versus MS CINELINE INDIA LIMITED .....Respondent Through:

Mr. Aman Varma and Ms. Riya Wasade, Advocates

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 03.03.2025 1.

By way of present petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the 'A&C Act'), the petitioner seeks constitution of an Arbitral Tribunal comprising of a Sole Arbitrator, to adjudicate upon the disputes between the parties. 2.

Learned counsel for the petitioner submits that the parties had entered into a Leave and License Agreement dated 31.10.2023, Clause 19 (h) whereof provides that disputes with respect to the said Agreement shall be resolved through arbitration in accordance with provisions of the A&C Act. It further provides that place of arbitration shall be at New Delhi. 3.

Learned counsel appearing for the respondent, on instructions, submits that the respondent has no objection to the matter being referred to the Arbitral Tribunal comprising of a Sole Arbitrator. 4.

At this stage, without prejudice to its rights and contentions, learned counsel for the respondent prays that at the first instance, the parties be The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

referred to the mediation to explore the possibility of an amicable settlement.

5.

Learned counsel for the petitioner accedes to the aforesaid request. 6.

Accordingly, list before the Samadhan, Delhi High Court Mediation & Conciliation Centre on 17.03.2025. In case, no settlement is arrived at between the parties within a period of four weeks or till the further extended time as the parties may jointly agree, the matter shall stand referred to the arbitration. In view of the above, the present petition is disposed of with the following directions:

i) The disputes between the parties under the said Agreement will stand referred to the Arbitral Tribunal comprising of a Sole Arbitrator if parties are unable to reach an amicable settlement within four weeks or till the further extended time as the parties may agree. ii) Mr. Justice Manmohan Singh, former Judge of Delhi High Court (Mob: 9717495001) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties.

iv) The arbitration will be held under the aegis of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi hereinafter, referred to as the 'DIAC'). The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators' Fees) Rules, 2018 or as the parties may agree. iv) The learned Arbitrator shall furnish a declaration in terms of Section 12 of the Act prior to entering into the reference. v) It is made clear that all the rights and contentions of the parties, including on the existence and validity of the Arbitration agreement, arbitrability of any of the claim/counter claim, any other preliminary The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

objection, need and legality of interim relief, as well as contentions on merits of the dispute by either of the parties including of limitation, are left open for adjudication by the learned arbitrator. vi) The parties shall approach the learned arbitrator within two weeks thereafter, in case of failure to reach an amicable settlement. MANOJ KUMAR OHRI, J MARCH 3, 2025/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.