Verslin India Pvt. Ltd v. M/S Lamarc Asia Pvt. Ltd.

$~52 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 1082/2024 VERSLIN INDIA PVT. LTD ....Petitioner Through:

Ms. Megha Mukerjee, Adv.

versus M/S LAMARC ASIA PVT. LTD.

.....Respondent Through:

Ms. Malvika Kapila and Mr. Harbani Shinh, Advs.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 24.07.2024 I.A. 34129/2024-EX.

1.

Exemption is granted subject to all just exceptions. 2.

The petitioner shall file legible and clearer copies of exempted documents, compliant with practice rules before the next date of hearing. 3.

The application is disposed of.

ARB.P. 1082/2024 1.

This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of a Sole Arbitrator to adjudicate the disputes between the parties arising out of Sale Purchase Contract dated 02.05.2023.

2.

The arbitration Clause is Clause 13(b) of the Contract. 3.

Since there were disputes between the parties, the petitioner invoked arbitration vide Legal Notice dated 03.05.2024. 4.

For the said reasons, issue notice.

5.

Ms. Kapila, learned counsel appears for the respondent and has no objection to the petition being allowed and appointment of an arbitrator. 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 30/07/2024 at 11:43:11

6.

For the said reasons, the petition is allowed. Since the parties are still having disputes between them, the following directions are issued:- i) Mr. Abhijat, Adv. (Mob. No. 9811800833) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties. ii) The arbitration will be held under the aegis of the Delhi 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. 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 on 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.

7.

The petition is allowed and disposed of in aforesaid terms. JASMEET SINGH, J JULY 24, 2024/NG 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 30/07/2024 at 11:43:11