Kraftdecor Services Pvt. Ltd. v. Jones Lang Lasalle Property Consultants (India) Pvt. Ltd.

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + KRAFTDECOR SERVICES PVT. LTD.

.....Petitioner Through:

Dr. Amit George, Mr. Piyo Harold, Mr.

Geo Joseph, Mr.

Risvi Muhammed, Ms. Ibansarra Syliemeh, Ms. Rupam, Advs.

versus JONES LANG LASALLE PROPERTY CONSULTANTS (INDIA) PVT. LTD.

.....Respondent Through:

Mr. Saran Suri, Ms. Ruchi Jain, Ms.

Aparna Shukla, Mr.

Abhinav Srivastava, Advocates

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 27.02.2025 I.A. 5069/2025 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(I) (COMM.) 70/2025 & I.A. 5068/2025 1.

This is a petition under Section 9 of the Arbitration & Conciliation Act filed by the Petitioner praying for the following reliefs:- "1. Direct the Respondents to immediately remove the Petitioner from the blacklist or bar of service, as such action violates the Petitioner's fundamental right to work and their ability to fulfill contractual obligations, pending final adjudication of the arbitration proceedings.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2. Pending the adjudication of the arbitration proceedings, allow the Petitioner to continue, execute, and complete the works/contracts already undertaken, ensuring that the Respondents do not hinder, obstruct, or terminate the Petitioner' engagement arbitrarily or without due process.

3. Grant a prohibitory injunction restraining the Respondents from entering into or executing any contracts, agreements, or arrangements for the same or similar purposes as the works/contracts presently undertaken or being performed by the Petitioner, which were subject to an illegal and arbitrary termination, thereby safeguarding the Petitioner' rights and interests.

4. Pass any other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2.

Material on record discloses that the Respondent entered into a Vendor Agreement for Service dated 25.04.2016 with Carpet Cleaners, a Sole Proprietorship firm which later was incorporated as a private limited company of the Petitioner, for providing cleaning services to the clients of the Respondent. It is stated that in the year 2018 to expand the operations of Carpet Cleaners, the Petitioner company was established and the contract of the Petitioner was extended from time to time. 3.

It is stated that on 23.05.2024, the Petitioner had been blacklisted by the Respondent. It is stated that disputes arose between the parties and the Respondent unilaterally terminated all contracts and purchase orders with the Petitioner without any prior notice. It is stated that the Respondent also filed a petition under Section 9 of the Arbitration & Conciliation Act and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

notice had been issued in the matter and this Court has restrained the Petitioner from taking reference of the Respondents in any of the communications to the third parties.

4.

It is stated that a notice invoking arbitration under Section 21 of the Arbitration & Conciliation Act has been issued by the Petitioner to the Respondent on 14.01.2025 which has been duly served on the Respondent on 16.01.2025. Since the same has not been replied to by the Respondent, the Petitioner has approached this Court by filing the instant petition. 5.

Learned Counsel for the Respondent appears on advance notice. 6.

Learned Counsel for the parties submit that an Arbitrator be appointed in the matter and the present petition under Section 9 of the Arbitration & Conciliation Act be treated as an application under Section 17 of the Arbitration & Conciliation Act to adjudicate upon the disputes between the parties.

7.

Accordingly, Ms. Anusuya Salwan, Advocate, (Mob: 9811225368) is appointed as the Sole Arbitrator to adjudicate the disputes that have arisen between the parties.

8.

Let the present petition under Section 9 of the Arbitration & Conciliation Act be treated as an application under Section 17 of the Arbitration & Conciliation Act to be placed before the learned Arbitrator for appropriate orders.

9.

The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and would abide by its rules and regulations. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.

10.

The learned Arbitrator is also requested to file the requisite disclosure The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

under Section 12(2) of the Arbitration & Conciliation Act within a week of entering on reference.

11.

All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law.

12.

Needless to say, nothing in this order shall be construed as an expression of this Court on the merits of the contentions of the parties. 13.

The present petition stands disposed of in the above terms along with pending application(s), if any.

SUBRAMONIUM PRASAD, J FEBRUARY 27, 2025 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.