Altf Spaces Private Limited v. Elements Hr Services Private Limited

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 351/2024 ALTF SPACES PRIVATE LIMITED ..... Petitioner Through:

Mr. Abhay Pratap Singh and Ms.

Mitali U., Advs.

versus ELEMENTS HR SERVICES PRIVATE LIMITED ..... Respondent Through:

Ms. Sanjana Mehrotra, Mr. Mayank Sharma and Mr. Vardhman Kaushik, Advs.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 21.05.2024 1.

The present petition has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 (hereinafter "the Act") seeking appointment of a sole arbitrator.

2.

Notice in the present petition was issued on 12th March, 2024. 3.

The Petitioner company is engaged in the business of operating and managing office spaces and co-working spaces and other ancillaries services. The respondent company had approached the petitioner company to avail its services.

4.

The Arbitration Clause is contained in Clause 21 of the 'Terms of Use' of the 'Joining Form' of the petitioner company which was duly filled and submitted by the respondent company to the petitioner company vide email dated 30th November, 2022. ARB.P. 351/2024 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 24/05/2024 at 11:39:31

5.

The Arbitration clause was invoked by the petitioner company vide email dated 21st June, 2023. 6.

The respondent, in its reply dated 20th July, 2023 acknowledged the dispute between the parties and proposed names of persons who may be appointed as arbitrators.

7.

Mr. Mayank Sharma, counsel appearing on behalf of the respondent submits that he has no objection if an independent arbitrator is appointed by this Court.

8.

In view of the aforesaid, the present petition is allowed and the following directions are issued in this regard: i.

Mr. Aman Rewaria, Advocate (+91 7838669125) is appointed as the sole arbitrator to adjudicate the disputes between the parties. ii. The remuneration of the learned Arbitrator shall be in terms of the Fourth Schedule of the Act.

iii. The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference. iv. The parties shall approach the learned Arbitrator within two weeks from today.

9.

Accordingly, the present petition stands disposed of. AMIT BANSAL, J MAY 21, 2024/ss ARB.P. 351/2024 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 24/05/2024 at 11:39:31