M/S Travel Retail Services Pvt. Ltd v. M/S Three Vee Marketing Pvt Ltd

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 19th April, 2022 + ARB.P. 356/2022 M/S TRAVEL RETAIL SERVICES PVT. LTD ..... Petitioner versus M/S THREE VEE MARKETING PVT LTD ..... Respondent Advocates who appeared in this case:

For the Petitioner:

Mr. Utsav Trivedi, Mr. Abhimay Sharma, Mr.

Himanshu Sachdeva and Ms. Shivani Bhushan, Advocates For the Respondent:

Mr. Sameer Jain, Mr. Suvigya Awasthy, Mr. Lave Kumar Gupta and Mr. Vivek Joshi, Advocates CORAM:- HON'BLE MR. JUSTICE SANJEEV SACHDEVA

JUDGMENT

SANJEEV SACHDEVA, J 1.

Petitioner seeks reference of disputes to Arbitration in accordance with the Sub-Licence Agreement dated 04.12.2018. 2.

Learned counsel for the respondent submits that petitioner has not taken the requisite pre arbitration steps. This is disputed by learned counsel for the petitioner who submits that efforts were made to reconcile, some proposals were also exchanged, however, ARB.P. 356/2022

respondent did not honour their offer and consequently the petitioner was constrained to approach this Court.

3.

Learned counsel appearing for the respondent submits that respondent also has certain counter claims which are in the process of being computed.

4.

Without prejudice to the above, learned counsel for the parties pray that the disputes be referred to arbitration. 5.

With the consent of the parties and without prejudice to their rights and contentions, Mr. Dalip Mehra, Advocate (Mobile No. +91 9811084919; Email: dalipmehra@yahoo.com ) is appointed as the sole Arbitrator. The Arbitral tribunal shall adjudicate the claims and counter claims, if any, between the parties.

6.

The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996. 7.

Arbitrator shall furnish the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within two weeks of entering reference.

8.

Petition is disposed of in the above terms.

APRIL 19, 2022'rs'

SANJEEV SACHDEVA, J ARB.P. 356/2022