Samsung India Electronics Private Limited v. Xpert Solutions

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P. (T) (COMM.) 9/2024 SAMSUNG INDIA ELECTRONICS PRIVATE LIMITED ..... Petitioner Through:

Mr.

Rajeev Kumar, Adv.

(9810466870) versus XPERT SOLUTIONS ..... Respondent Through:

None.

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 25.04.2024 1.

This hearing has been done through hybrid mode. 2.

This is a petition filed by the Petitioner- Samsung India Electronics Private Ltd. under Sections 14(1)(b) and 15 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') for deciding on the issue of the Ld. Arbitrator's mandate and for appointment of an independent Arbitrator. The dispute between the parties arises out of an Authorized Service Centre Agreement (ASCA) and Spare Parts Agreements (SPA) for the Field Deploy Stock process which included supply/transfer of inventory/spare parts on orders. The dispute between the parties pertains to abnormalities in operations under the ASCA.

3.

In this petition, due to repeated delays on behalf of the parties, the Id. Arbitrator has resigned.

4.

Ld. Counsel for the Petitioner submits that the matter was at an advanced stage and cross examination of the Respondent was going on. He The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

prays that the ld. Arbitrator's mandate be restored. 5.

On 6th February, 2024, no one appeared on behalf of the Respondent. Further, on the said date, notice was issued to the Respondent as also to the ld. Counsel. The Registry has reported that the notice through e-mail to the Respondent has been served. Even the ld. Counsel who was appearing in the arbitration proceedings has been served.

6.

Today also however, there is no appearance on behalf of the Respondent.

7.

The ld. Arbitrator, as is evident from the e-mails dated 24th July, 2023 and 26th July, 2023, had initially resigned due to the delay caused by the Petitioner and had withdrawn from the proceeding. Further, when the ld. Arbitrator was considering revival of the arbitration proceedings at the request of the ld. Counsel for the Petitioner who was suffering from illhealth, the Respondent objected to the same. Finally, vide e-mail dated 28th July, 2023, the ld. Arbitrator wrote the following e-mail:- "I have considered the submissions of the both sides and also the precedents cited by both parties and having considered the legal position, I am of the view that I cannot continue to act as Arbitrator in the matter and cannot recall my earlier order. Accordingly, parties are best advised to take future steps as may be deemed necessary."

8.

The ld. Counsel for the Petitioner also submits that the Respondent has not paid any fee in this matter to the ld. Arbitrator and the Petitioner have already incurred expense of some of the fees paid. 9.

In view of the fact that the delay by the Petitioner was due to ill-health of the ld. Counsel, the mandate of the ld. Sole Arbitrator Mr. Dharmendra The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Rautray is restored.

10.

The matter shall now proceed further from the stage when the ld. Arbitrator had withdrawn from the proceedings. 11.

List before the learned Arbitrator on 10th July, 2024. 12.

The petition is disposed of with all pending applications, if any. 13.

A copy of this order be communicated by the Registry to the Respondent as also to the ld. Counsel for the Respondent. In addition, copy of this order be sent to the ld. Arbitrator Mr. Dharmendra Rautray (M: 9899988878).

PRATHIBA M. SINGH, J APRIL 25, 2024 A/RKS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.