M/S Splendor Landbase Ltd v. M/S Ntt Data Global Delivery Services Pvt Ltd
$~0-6 to 0-8 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 268/2021 M/S SPLENDOR LANDBASE LTD Petitioner Through:
Ms. Namitha Mathews and Mr. Pulkit Malhotra, Advocates versus M/S NTT DATA GLOBAL . I DELIVERY SERVICES PVT LTD Respondent ^ Through: Mr. Vikas Tomar, Advocate + ->ARB.P. 269/2021 M/S SPLENDOR LANDBASE LTD Petitioner Through:
Ms. Namitha Mathews and Mr. Pulkit Malhotra, Advocates versus M/S NTT DATA GLOBAL DELIVERY SERVICES PVT LTD Respondent Through:
Mr. Vikas Tomar, Advocate + ARB.P. 270/2021 M/S SPLENDOR LANDBASE LTD Petitioner Through:
Ms. Namitha Mathews and Mr. Pulkit Malhotra, Advocates versus M/S NTT DATA GLOBAL DELIVERY SERVICES PVT LTD Respondent Through:
Mr. Vikas Tomar, Advocate Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.
CORAM:
HON'BLE MR.
JUSTICE J.R. MIDHA
ORDER
% 03.05.2021 1.
The petitioner is seeking appointment of an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act. 2.
The arbitration agreement between the parties is contained in clause No.21.2 of the lease deed dated 04^*^ September, 2018; clause No. 21.2 of the lease deed dated 04* September, 2018 and clause No. 21.2 of the lease deed dated 22"^^ December, 2016.
3.
The petitioner invoked the arbitration in all the three matters on 22"^^ December, 2020. The Arbitration agreement and the invocation are not disputed.
4.
Learned counsel for the petitioner submits that the petitioner has claims to the tune of Rs.2,85,22,058/- in ARB.P. 268/2021, Rs.5,19,15,911/- in ARB.P. 269/2021 and Rs.1,77,73,501/- in ARB.P. 270/2021. Learned counsel for the respondent submits that the respondent has counter claims against the petitioner.
5.
Learned counsels for both the parties submit that the arbitration proceedings be conducted according to the rules of Delhi International Arbitration Centre (DIAC).
6.
The petition is allowed and Justice Rajive Bhalla (Retd.) former Judge of Punjab and Haryana High Court (Mobile No. 9780008111) is appointed as a sole arbitrator to adjudicate the disputes between the parties in all the aforesaid three petitions.
7.
The arbitration shall be conducted under the aegis of Delhi International Arbitration Centre (DIAC).
8.
The learned arbitrator shall ensure the compliance of Section 12 read with Fifth, Sixth and Seventh Schedule of Arbitration and Conciliation Act, 1996 before commencing the arbitration.
9.
The fee of the learned arbitrator shall be in accordance with the Schedule of fees prescribed under the Delhi International Arbitration Centre (DIAC) (Administrative Costs and Arbitrators' Fees) Rules, 2018.
10. Copy of this order be sent to the learned arbitrator. 11.
Copy of this order be sent to Delhi International Arbitration Centre (DIAC).
J.R. MIDEiA, J.
MAY 03,2021 ds