Raman Vij v. Sh Vineet Sharma

$~19 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 1665/2024 RAMAN VIJ .....Petitioner Through:

Mr. Hari Om Gupta, Mr. Sukrit Gupta, Ms.

Ananya Giri, Advs.

versus SH VINEET SHARMA .....Respondent Through:

Mr. Rishabh Gulati, Adv.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 27.03.2025 1.

This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator for adjudication of disputes between the parties. 2.

It is stated that there was a Commission Agreement dated 11.04.2017 executed between the Chacha of the petitioner and the respondent which was extended from time to time. On the death of the Chacha, the petitioner and the respondent entered into an Agreement on 31.05.2022.

3.

The said Agreement contained arbitration clause being clause No. 19 which reads as under:- "19.

That in case of any dispute, the matter will be resolved through sole arbitrator Shri Rajiv Khanna, Katra Hardayal, Chandni Chowk, Delhi-110006."

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4.

Since there were disputes between the parties, the petitioner invoked arbitration vide legal notice dated 14.08.2024 and thereafter filed the present petition.

5.

Mr. Gulati, learned counsel appears on behalf of the respondent and states that he has no objection to the appointment of an arbitrator but there is another Commission Agreement 12.03.2022 executed between the petitioner and the respondent.

6.

Since the parties are agreeable to get their disputes adjudicated through the arbitration process, the petition is allowed and the following directions are issued:- i) Mr. Sidharth Yadav, Advocate (Mob. No. 9899284083) 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'). iii) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators' Fees) Rules, 2018.

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

v) 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 and merits of the dispute of either of the parties (the disputes The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

under Agreement dated 31.05.2022 and 12.03.2022) are left open for adjudication by the learned arbitrator. vi) The parties shall approach the learned Arbitrator within two weeks.

7.

The present petition is disposed of in the aforesaid terms. JASMEET SINGH, J MARCH 27, 2025 / (MS) 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.