M/S G4s Secure Solutions India Pvt. Ltd. v. M/S Ecolite Technologies Through Its Partner Mr. Rishivani And ORS.

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 531/2023 M/S G4S SECURE SOLUTIONS INDIA PVT. LTD.

..... Petitioner Through:

Mr.Gulshan Chawla and Mr.Ankur Chauhan, advts.

versus M/S ECOLITE TECHNOLOGIES THROUGH ITS PARTNER MR. RISHIVANI AND ORS.

..... Respondents Through:

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 01.03.2024 The present petition has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of Arbitral Tribunal comprising of a Sole Arbitrator to adjudicate the disputes inter se the parties.

The parties entered into an agreement for security services. Part 11 of the agreement contains the arbitration clause. Respondents have been served. Affidavit of service has been filed to show that the respondents have duly been served. Learned counsel for the petitioner states at bar that the summons have been sent and delivered to the respondents at their address given in the agreement. The respondents have chosen not to appear. The claim amount is around Rs.6.70 lakhs.

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 14/03/2024 at 11:24:34

Considering the facts and circumstances of the case, 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) DIAC shall nominate 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 fee rules of the DIAC schedule 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.

DINESH KUMAR SHARMA, J MARCH 1, 2024 rb 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 14/03/2024 at 11:24:34