Pvr Inox Pvt Ltd v. Shri Sai Corp & ORS.
$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 450/2024 PVR INOX PVT LTD ..... Petitioner Through:
Mr. Abhishek Sharma, Mr. P.S.
Sandhu and Mr. Mayank Ahuja, Advocates versus SHRI SAI CORP & ORS.
..... Respondents Through:
None
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 16.05.2024 1.
The present petition has been filed on behalf of the petitioner under Section11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator in terms of the Arbitration clause, as contained in Clause7(y) of the Memorandum of Understanding dated 09.02.2016. 2.
Disputes arose between the parties and the petitioner issued a notice of invocation dated 14.06.2023. However, the respondents failed to give a reply to the same. Hence, the present petition has been filed for appointment of the Arbitrator.
3.
Notice of the petition has been served on the respondents through email for which an affidavit of service has also been filed. However, despite service, none has appeared on behalf of the respondents. 4.
Submissions heard.
5.
Considering that there is a valid Agreement inter se the parties 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 21/05/2024 at 11:29:11
containing an Arbitration Clause and the disputes are claimed to have arisen under the Agreement, Ms. Neeru Vaid,Advocate (Mobile No. 9582619834), is hereby appointed as the Arbitrator, to adjudicate the disputes between the parties.
6.
The parties are at liberty to raise their respective objections before the Arbitrator.
7.
The fees of the learned Arbitrator would be fixed in accordance with the IV Schedule to the Act, 1996 or as consented by the parties. 8.
This is subject to the Arbitrator making necessary disclosure as under Section 12(1) of A&C Act, 1996 and not being ineligible under Section 12(5) of the A&C Act, 1996.
9.
Accordingly, the petition is accordingly allowed and disposed of. NEENA BANSAL KRISHNA, J MAY 16, 2024/PT 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 21/05/2024 at 11:29:11