Aeris Communication India Private Limited v. Om Jay Ev Limited

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 412/2023 AERIS COMMUNICATION INDIA PRIVATE LIMITED ..... Petitioner Through:

Mr. Shashank Deo Sudhi & Mr.Aru Prakash, advocate (through VC) versus OM JAY EV LIMITED ..... Respondent Through:

Mr.Gaurav Adusumall and Mr.Niroop, Advts.

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 22.01.2024 By way of the present petition has been filed under Section 11 (2) and

(6) of the Arbitration and Conciliation Act, 1996 for the appointment of a sole arbitrator for adjudication of disputes inter se the parties arising out of the Primary Agreement dated 16.08.2021. Clause 11 of the agreement contains the arbitration clause.

Learned counsel for the petitioner submits that the procedure provided under Section 11 of the A&C Act has already been exhausted. Clause 11 of the agreement provides the venue for the arbitration proceedings at New Delhi. The clause of arbitration has duly been invoked vide notice dated 02.12.2022. The claim amount is stated to be Rs. 1,12,74,775/-. In view of the judgment of the Hon‟ble Supreme Court i.e., "In Re: Interplay Between Arbitration Agreements Under The Arbitration And The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2023 INSC 1066; the examination of the arbitration agreement with regards to Stamp duty paid or not no more falls within the domain of this court. Learned counsel for the respondent also submits that he has no objection and an arbitrator may be appointed. Considering that both the parties have consented to the reference to the arbitral tribunal, the present petition is disposed of with the following directions:

i) The disputes between the parties under the said agreement are referred to the arbitral tribunal.

ii) As agreed by both the counsels for the parties, Mr.Anil Kaushik, Senior Advocate (Mobile No.9810414419) is appointed as an Arbitrator to adjudicate the disputes between the parties.

iii) The arbitration will be held under the aegis of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi hereinafter, referred to as the „DIAC‟). The remuneration of the learned Arbitrator shall be in terms of Schedule IV of the A&C Act or as the parties may agree.

iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference. v) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims on merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator. vi) The parties shall approach the learned arbitrator within two weeks from today.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The petition is disposed of in the above terms. DINESH KUMAR SHARMA, J JANUARY 22, 2024/rb The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.