M/S Cine Events And Entertainers(Three) Pvt. Ltd. v. India Tourism Development Corporation Ltd & ANR.
$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1399/2025 M/S CINE EVENTS AND ENTERTAINERS(THREE) PVT. LTD.
.....Petitioner Through:
Mr. Jitendra Kumar Jha, Advocate.
versus INDIA TOURISM DEVELOPMENT CORPORATION LTD & ANR.
.....Respondents Through:
Mr. Krishan Kumar, Mr. Seemant K.
Garg, Mr. Nitin Pal, Advocates for R1.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 08.09.2025 1.
This petition is filed on behalf of the Petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 ('1996 Act') for appointment of an Arbitrator.
2.
Disputes in the present petition emanate from a work order dated 03.03.2020 placed on the Petitioner by the Respondent No.1 for implementation of sound and light show at Yadavindra Garden Pinjore, Haryana. Petitioner invoked arbitration clause 48 incorporated in the tender document by sending a notice on 21.02.2025 and sort appointment of the Arbitrator, however, on failure of Respondent No.1 to consent to the appointment of the Arbitrator, this petition was filed. 3.
Issue notice.
4.
Mr. Krishan Kumar, learned counsel, accepts notice on behalf of Respondent No.1.
ARB.P. 1399/2025 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 22/09/2025 at 11:49:44
5.
Learned counsel for the Petitioner, on instructions, submits that the claims of the Petitioner are entirely against Respondent No.1 and therefore, notice to Respondent No.2 be dispensed with. He also hands over a copy of an order dated 09.12.2024 passed in ARB. P. 1248/2024 and submits that since the Respondent in the two cases is common and the arbitration clause is identical, same Arbitrator be appointed, to which counsel for Respondent No.1 has no objection.
6.
Accordingly with the consent of the parties, Ms. Neeru Vaid, Advocate (Mobile No. 9582619834) is appointed as a Sole Arbitrator to adjudicate upon the disputes between the parties. Fee of the Arbitrator shall be fixed as per Fourth Schedule of 1996 Act, as agreed. 7.
Learned Arbitrator shall give disclosure under Section 12 of the 1996 Act before entering upon reference.
8.
It is made clear that this Court has not expressed any opinion on the merits of the case and all rights and contentions of the parties are left open. 9.
Petition is disposed of in the aforesaid terms. JYOTI SINGH, J SEPTEMBER 8, 2025 Ch ARB.P. 1399/2025 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 22/09/2025 at 11:49:44