Shriram Global School Managed By Proms Educational Trust v. Shriram Skill And Educational Limited & ANR.

$~21 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(I) (COMM.) 174/2022 SHRIRAM GLOBAL SCHOOL MANAGED BY PROMS EDUCATIONAL TRUST ..... Petitioner Through:

Mr. Yogesh Jagia, Mr. Amit Sood, Mr. Hriday Minocha, Advs.

Versus

SHRIRAM SKILL AND EDUCATIONAL LIMITED & ANR.

..... Respondent Through:

Mr. Lalit Gupta and Mr. Ankit Singh, Advs. for R-1.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 27.03.2024 1.

This is a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim order against the respondent No. 2 to withdraw the Notices dated 14.04.2022 and Termination Letter dated 14.04.2022.

2.

During the course of hearing, the learned counsel for the parties are agreeable that the matter may be referred to the Sole Arbitrator with liberty to agitate the issues raised in this petition before the Sole Arbitrator. 3.

In this view of the matter, the disputes between the parties are referred to the Sole Arbitrator.

4.

For the said reasons, the petition is allowed without expressing any opinion on the merits of the disputes with the following directions:- xi) Ms. Justice Mukta Gupta (Retd.) (Mob. No. 9650788600) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

xii) The arbitration will be held under the aegis of the Delhi 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 15/04/2024 at 11:56:50

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 the Fourth Schedule of the Arbitration & Conciliation Act, 1996. xiii) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference.

xiv) 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.

xv) The parties shall approach the learned Arbitrator within two weeks from today.

5.

It is directed that the present petition be treated as an application under Section 17 of the Arbitration and Conciliation Act, 1996 and the learned Sole Arbitrator may dispose the same at the earliest preferable within a period of three months from the date of entering the reference. 6.

The petition is disposed of in the aforesaid terms. JASMEET SINGH, J MARCH 27, 2024/NG Click here to check corrigendum, if any 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 15/04/2024 at 11:56:50