M/S Simply Digital Through Its Partner v. M/S Ants, A Proprietorship Concern & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 55/2017 M/S SIMPLY DIGITAL THROUGH ITS PARTNER ..... Petitioner Through Mr. S. Shantanu and Mr. Pushkar K Sinha, Advocates versus M/S ANTS, A PROPRIETORSHIP CONCERN & ORS.

..... Respondents Through Mr. Sandeep Prabhakar and Mr, Prashant Parihar, Advocates

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 17.04.2017 The petitioner has filed the present petition under Section under Section 11 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act'), inter alia, praying that an arbitrator be appointed to adjudicate the disputes that have arisen between the parties in relation of Memorandum of Understanding (MOU) dated 3rd November, 2015. The said MOU includes an arbitration clause which reads as under:- "16.2 In the event there is a failure of resolution of such disputes, it shall be referred to arbitration by a sole arbitrator to be duly appointed and nominated by the party No.1."

The learned counsel for the respondent has no objection if an arbitrator is appointed. Accordingly, with consent of the parties, it is directed that an Arbitrator be appointed under the Rules of the Delhi

International Arbitration Centre (DIAC). The representatives of the parties shall appear before the Co-ordinator, DIAC on 11.05.2017 at 11:00 AM. The arbitration shall be conducted under the aegis of DIAC and in accordance with its Rules.

The petition is disposed of.

VIBHU BAKHRU, J APRIL 17, 2017 sm