Wattmonk Technologies Private Limited v. Ms. Rachna Khokhar & ORS.

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + WATTMONK TECHNOLOGIES PRIVATE LIMITED .....Petitioner Through:

Mr.

Manish Srivastava, Ms.

Kamakshi S. Rao and Mr. Moksh Arora, Advocates versus MS. RACHNA KHOKHAR & ORS.

.....Respondents Through:

Mr. Ayush Sharma, Advocate

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 25.04.2025 I.A. 10394/2025 (for exemption) 1.

Allowed, subject to all just exceptions.

2.

Accordingly, this application stands disposed of. 3.

This is a petition filed seeking urgent ad-interim relief against Respondent Nos. 1 to 3 in this Section 9 petition filed under Arbitration and Conciliation Act, 1996.

4.

Mr. Ayush Sharma, Advocate has entered appearance on advance service on behalf of Respondent Nos. 1 to 3. He states that he will file his Vakalatnama within one (1) week.

5.

There is an arbitration clause existing between Petitioner and Respondent No. 1 as per the Non-Disclosure Agreement (NDA) dated 25.07.2023.

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6.

Mr. Sharma, learned counsel for Respondent Nos. 1 to 3 states that he has no objection to Respondent Nos. 2 and 3 as well being referred to Arbitration.

7.

The parties consent that arbitration be conducted under the aegis of Delhi International Arbitration Centre ('DIAC'). 8.

Accordingly, with the consent of parties, the Petitioner, Respondent Nos. 1 to 3 parties are referred to Arbitration to be conducted under the aegis of DIAC, Delhi High Court, Sher Shah Road, New Delhi. With the consent of the parties, Ms. Swati Sukumar, Senior Advocate (Mob. No. 9717918652, Enrl. No. D-1085/2005, e-mail id - swathi@sukumar.in) is appointed as an Arbitrator. The arbitral proceedings will be governed by the Rules of DIAC.

9.

With the consent of the parties, the captioned Section 9 petition is placed before the Ld. Sole Arbitrator to be treated as Section 17 petition and to be heard and decided expeditiously.

10.

The Respondent Nos. 1 to 3 shall file their reply to this petition within a period of two (2) weeks.

11.

The parties are directed to appear before the Ld. Arbitrator for a preliminary hearing on 02.05.2025 at 04:00 P.M. at DIAC, on which the date for hearing in Section 17 petition shall be fixed. 12.

The remuneration of the Sole Arbitrator shall be in terms of Schedule IV of the Act of 1996, as amended by the Rules of DIAC. 13.

The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act of 1996 before entering into the reference. 14.

It is clarified that all rights and contentions of the parties, including on maintainability/arbitrability of the claims and on merits, are left open for The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

adjudication by the learned Arbitrator and nothing said in this order is an expression on the merits of the case.

15.

With the aforesaid directions, the petition stands disposed of. 16.

The registry is directed to send a copy of this order to Secretary, DIAC for information and compliance and the learned Sole Arbitrator. 17.

website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant. MANMEET PRITAM SINGH ARORA, J APRIL 25, 2025/rhc 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.