Alka Bhatia v. Vishal Tyagi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 1000/2024 ALKA BHATIA .....Petitioner Through:

Mr. Nimish Chib, Mr. Deepak Rajwar, Advs.

versus VISHAL TYAGI .....Respondent Through:

None

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 15.10.2024 1.

This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an Arbitrator for adjudication of disputes between the parties. 2.

The parties herein entered into a Rent Agreement dated 19.04.2023 for the property being DDA built-up free-hold Flat bearing no. 95, Second Floor, Block C and D, Pocket-1, Category SFS-II, Shalimar Bagh, Delhi110088. 3.

From October 2023, the respondent stopped making payments of rent. Consequently, the petitioner terminated the said Agreement on 16.11.2023. 4.

The arbitration clause is Clause 14 of the said Agreement which reads as under:- "That in case any dispute arises between the LANDLADY and TENANT then the said dispute will be referred to sole The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

arbitrator, nominated by the LANDLADY whose decision will be final and binding on both the parties."

5.

As the respondent failed to comply with the demand of the petitioner, the petitioner invoked the arbitration vide legal notice dated 06.01.2024. Hence, the present petition.

6.

This Court vide Order dated 11.07.2024 issued notice to the respondent. As per the service report, the respondent has been served. 7.

Despite service, there is nobody appearing on behalf of the respondent.

8.

For the said reasons, the petition is allowed and the following directions are issued:- i) The Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the 'DIAC') will appoint an Arbitrator out of the Panel of the Advocates maintained by the DIAC to adjudicate the disputes between the parties.

ii) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators' Fees) Rules, 2018.

iii) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference.

iv) 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/counter-claims The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator.

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

9.

The present petition is disposed of in the aforesaid terms. JASMEET SINGH, J OCTOBER 15, 2024/sp 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.