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High Court of DelhiO.M.P.(T)/3/2024

Mahima Production Ltd. v. Mads Creations Pvt.Ltd.

2024-11-22Hon'Ble Mr. Justice Subramonium Prasad2 pages

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(T) 3/2024 & I.A. 3403/2024 MAHIMA PRODUCTION LTD.

.....Petitioner Through:

Mr. Kunal Kalra, Advocate.

versus MADS CREATIONS PVT.LTD.

.....Respondent Through:

Mr. Archit Verma ,Advocate.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 22.11.2024 1.

The Petitioner has approached this Court primarily to declare the appointment of a Sole Arbitrator by the Respondent which is a unilateral appointment, as non est in view of the judgment passed by the Apex Court in Perkins Eastman Architects DPC & Anr. v. HSCC (India) Limited, (2020) 20 SCC 760.

2.

It is stated that the claim before the Arbitrator is less than Rs.2 crore. An objection is raised by the Respondent stating that this Court will not have the jurisdiction under Section 2(1)(e) of the Arbitration & Conciliation Act. 3.

Since the claim of the Respondent is less than Rs.2 crore, this Court gave a suggestion to the learned Counsel for the Petitioner to approach the court of competent jurisdiction in light of Section 2(1)(e) of the Arbitration & Conciliation Act to get a declaration that the appointment of Arbitrator is non est. However, the court of competent jurisdiction would not have the competence to appoint an Arbitrator in view of the Section 11 of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/11/2024 at 12:01:48

Arbitration & Conciliation Act.

4.

In view of the fact that the judgment of the Apex Court in Perkins Eastman Architects DPC & Anr. v. HSCC (India) Limited, (2020) 20 SCC 760, covers this case completely, this Court is inclined to extend the protection granted by this Court vide Order dated 16.02.2024 restraining the Arbitrator to proceed ahead in the matter for a period of three weeks from today to enable the Petitioner to approach the court of competent jurisdiction.

5.

The petition is disposed of along with pending application(s), if any. SUBRAMONIUM PRASAD, J NOVEMBER 22, 2024 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/11/2024 at 12:01:48