M/S Biz2credit Info Services Private Limited v. M/S Infocom Network Private Limited Dba Tradeindia
$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 940/2023 M/S BIZ2CREDIT INFO SERVICES PRIVATE LIMITED ..... Petitioner Through:
Mr. Dhananjay Sahai with Mr. Karan Mamgain, Advocates.
versus M/S INFOCOM NETWORK PRIVATE LIMITED DBA TRADE INDIA ..... Respondent Through:
Mr. Pawas Agarwal with Mr. Arjun Aggarwal, Advocates.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R
% 12.01.2024 By way of the present petition under section 11(6) of the Arbitration & Conciliation Act 1996 ('A&C Act'), the petitioner seeks appointment of an arbitrator to adjudicate upon the disputes that are stated to have arisen with the respondent from White Label Agreement dated 29.07.2022.
2.
Notice on this petition was issued on 13.09.2023; consequent to which respondent has filed reply dated 31.12.2023 to the present petition. 3.
Mr. Dhananjay Sahai, learned counsel for the petitioner has drawn the attention of this court to clause 11 of the White Label Agreement, which comprises the arbitration agreement between the parties; and contemplates reference of disputes between them to arbitration in accordance with the A&C Act, as also to resolve their disputes by the fast-track procedure specified in Section 29B of the A&C Act; with the arbitration proceedings to be conducted at New Delhi. ARB.P. 940/2023 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
For completeness, it may be recorded that a separate territorial jurisdiction provision is also contained in clause 12, which also subjects the contract between the parties to the jurisdiction of courts of law at New Delhi.
5.
As per the record, the petitioner invoked arbitration vide Notice dated 14.07.2023, to which the respondent has not sent any reply. 6.
Upon a conspectus of the averments contained in the petition, the stand taken by the respondent, and the submissions made, this court is satisfied that there is a valid and subsisting arbitration agreement between the parties; that this court has territorial jurisdiction to entertain and decide the present petition; and also that the disputes that are stated to have arisen between the parties as set-out inter-alia in invocation notice dated 14.07.2023 do not appear ex-facie to be nonarbitrable. 7.
In view of the above, at this stage, learned counsel for the parties jointly request that this court may appoint an arbitrator; and then refer the matter for arbitration under the aegis of the Delhi International Arbitration Centre, New Delhi ('DIAC'), keeping all their respective factual and legal contentions open.
8.
Accordingly, the present petition is allowed and Ms. Smita Maan, Advocate (Cellphone No.: +91 9818713233) is appointed as the learned Sole Arbitrator to adjudicate upon the disputes between the parties; with arbitration proceedings to be conducted under the aegis of the DIAC.
9.
The learned Sole Arbitrator would furnish to the parties requisite disclosures as required under section 12 of the A&C Act; and in the ARB.P. 940/2023 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
event there is any impediment to the appointment on that count, the parties are given liberty to file an appropriate application in this court.
10. The learned Arbitrator may then proceed with the arbitral proceedings in accordance with the rules and regulations of DIAC; and subject to arbitrator's fee and arbitration costs, as may be applicable.
11. All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Sole Arbitrator on their merits, in accordance with law.
12. A copy of this order be communicated forthwith to the Co-ordinator, DIAC, for information and compliance.
13. A copy of this order be sent by e-mail the learned Arbitrator, as also to learned counsel for the parties.
14. The petition stands disposed-of in the above terms.
15. Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J JANUARY 12, 2024 ds ARB.P. 940/2023 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.