Aegis Costumer Support Services Pvt Ltd v. Futuretimes Technology India Private Limited

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 144/2021 AEGIS COSTUMER SUPPORT SERVICES PVT LTD ..... Petitioner Through Mr. Pankaj Bhagat, Adv.

versus FUTURETIMES TECHNOLOGY INDIA PRIVATE LIMITED ..... Respondent Through Ms. Raddhika Khanna, Adv.

CORAM:

HON'BLE MR. JUSTICE C .HARI SHANKAR O R D E R (ORAL) % 15.07.2021 (Video-Conferencing) C .HARI SHANKAR, J.

ARB.P. 144/2021 1.

This is a petition under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996 ("1996 Act" for short), for appointment of an arbitrator to arbitrate on the disputes between the parties.

2.

The dispute, as set out in the petition, is contained in paras 1 to 24 thereof. As the respondent is not objecting to the appointment of an arbitrator to arbitrate on the disputes, this Court is not burdening the order with a recital of the facts.

ARB.P. 144/2021 Page 1 of 3

3.

The Arbitration Clause, in the agreement between the parties, reads thus:

"F. Governing Law & Arbitration This LOE and all matters arising out of or related to this LOE shall be governed by the laws of India and courts at New Delhi shall have exclusive jurisdiction over any matter of dispute arising under this LOE.

All disputes arising in relation to or pertaining to or under this LOE or any part thereof shall be resolved by a sole arbitrator mutually agreed between the parties, in accordance with the provision of the Arbitration & Conciliation Act, 1996 and amendments thereof The seat of Arbitration shall be New Delhi and the language shall be English."

4.

Notice invoking arbitration was sent by the petitioner to the respondent on 24th September, 2020, but could not be served. 30 days having elapsed therefrom, the petitioner has moved this Court under Sections 11(5) and 11(6) of the 1996 Act.

5.

Ms. Raddhika Khanna, learned Counsel for the respondent, does not oppose reference of the disputes to arbitration. The claim is stated to be in the vicinity of ₹ 2.6 crores, apart from interest. 6.

Accordingly, this Court appoints Mr. Ravi Kant Chadha, Senior Advocate, as the arbitrator to arbitrate on the disputes between the parties. The contact details of the learned Arbitrator are as under: Cell No.

: 9811024601 E-mail ID : chadhaandassociates@rediffmail.com ARB.P. 144/2021 Page 2 of 3

7.

The learned Arbitrator shall file the requisite disclosure under Section 12(2) of the 1996 Act within a week of entering on reference. 8.

The learned Arbitrator shall be entitled to charge fees in accordance with the Fourth Schedule to the 1996 Act. 9.

With the aforesaid directions, this petition stands allowed and disposed of.

C. HARI SHANKAR, J.

JULY 15, 2021 r.bararia ARB.P. 144/2021 Page 3 of 3