Ark Solution Private Services v. Minimines Cleantech Solutions Pvt Ltd
$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 453/2025 ARK SOLUTION PRIVATE SERVICES .....Petitioner Through:
Mr. Amit Joshi, Mr. B.M.Jyotishi, Ms.
Prabhjot Kaur, Ms.Vineeta Sharma, Advs.
versus MINIMINES CLEANTECH SOLUTIONS PVT LTD.....Respondent Through:
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 11.03.2025 I.A. 6453/2025 (Exemption) Allowed, subject to all just exceptions.
ARB.P. 453/2025 1.
This Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator as per Clause 14 of the Machinery Plant Supply Agreement dated 27.01.2024 to adjudicate on the disputes which have arisen between the parties. 2.
It is stated that under the said Agreement the Petitioner was to supply machines to the Respondent herein. It is stated that disputes have arisen between the parties due to non-payment of money. It is stated by the learned Counsel for the Petitioner that as on date about Rs.46,00,000/- is due and payable by the Respondent. Clause 14 of the Agreement states that the place of Arbitration can be Delhi, Bangalore or Jaipur. It is stated that since the Agreement was executed in Delhi, this Court has the jurisdiction to entertain 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 22/03/2025 at 17:40:03
the present Petition.
3.
Learned Counsel appearing for the Respondent states that the Respondent has no objection to the present Petition. 4.
In view of the fact that disputes have arisen between the parties and there is an arbitration clause in the Agreement, this Court is inclined to appoint an Arbitrator to adjudicate upon the disputes between the parties. 5.
Accordingly, Mr. Shyam Nandan, Adv. (Mob: 9654848621) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties.
6.
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.
7.
The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the Arbitration & Conciliation Act within a week of entering on reference.
8.
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.
9.
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. 10.
The present petition stands disposed of in the above terms along with pending application(s), if any.
SUBRAMONIUM PRASAD, J MARCH 11, 2025/Rahul 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 22/03/2025 at 17:40:03