Unicharm India Private Limited v. Om Agencies

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 708/2022 UNICHARM INDIA PRIVATE LIMITED .....Petitioner Through:

Mr. Sandeep Phogat, Advocate.

versus OM AGENCIES .....Respondent Through:

Mr. Ravish Kumar, Advocate.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 09.08.2024 1.

The petitioner has filed this petition, under Section 11 of the Arbitration and Conciliation Act, 1996 ["the Act"], for appointment of an arbitrator to adjudicate disputes between the parties arising out of a purported undated distribution agreement, valid from 01.04.2013 to 31.03.2014. The petitioner has filed a copy of the said document [Document No. 2 in the petitioner's list of documents]. It contains a dispute resolution clause which provides for arbitration [Clause 20.2]. 2.

However, what transpires in the exchange of pleadings is that the said agreement was not between the petitioner and the respondent at all. This position is accepted by Mr. Sandeep Phogat, learned counsel for the petitioner. He submits that he has, therefore, been instructed to withdraw this petition, with liberty to seek the substantive reliefs sought by the petitioner, in a civil suit.

3.

Mr. Phogat states that he will make a request to the Court, in which ARB.P. 708/2022 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 13/08/2024 at 12:28:19

the suit is filed, for exclusion of the time spent in this Court, under Section 14 of the Limitation Act, 1963. He is at liberty to do so, and it is for that Court to take a decision on this aspect. 4.

The petition is dismissed as withdrawn with liberty as aforesaid. PRATEEK JALAN, J AUGUST 9, 2024 'pv'/ ARB.P. 708/2022 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 13/08/2024 at 12:28:19