Jyotika Singh v. Sudhir Kumar Sahdev
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 138/2018 JYOTIKA SINGH ..... Petitioner Through:
Ms.Rishika Arora, Adv.
versus SUDHIR KUMAR SAHDEV ..... Respondent Through:
Mr.Kartik, Adv.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 16.10.2018 This petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the „Act‟) has been filed by the petitioner seeking appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Rent Agreement dated 16.05.2014 executed between the parties. The said Rent Agreement contains an Arbitration Agreement in form of Clause 4(E), which is reproduced hereinbelow:- "E) That any dispute arising in connection with this Agreement shall be referred to Arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act 1996 under the Jurisdiction of the Delhi Courts."
Disputes having arisen between the parties, the petitioner invoked the Arbitration Agreement vide notice dated 10.10.2017. Having failed to receive any response from the respondent, the present petition was filed. Notice of this petition was issued to the respondent on 22.02.2018. In spite of opportunity being granted, the respondent has failed to file its reply.
As the existence of the Arbitration Agreement and due invocation thereof by the petitioner are not denied by the respondent, I see no impediment in appointing a Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the abovementioned Agreement.
I appoint Ms. Beenashaw Soni, Advocate (R/o B-3/64 C, Lawrence Road, New Delhi-110035, Mobile: 9810046611) as a Sole Arbitrator for adjudicating the disputes that have arisen between the parties. The Arbitrator shall give disclosure under Section 12 of the Act before proceeding with the reference.
The petition is allowed in the above terms, with no order as to cost. Dasti.
NAVIN CHAWLA, J OCTOBER 16, 2018/rv