M/S Eat Hearty Private Limited v. M/S Jagdamba Incorporation Private Limited. & ANR.
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1844/2024 M/S EAT HEARTY PRIVATE LIMITED .....Petitioner Through:
Mr. Mayank Kapoor, Mr. Satyam Gyan, Advocates.
versus M/S JAGDAMBA INCORPORATION PRIVATE LIMITED. & ANR.
.....Respondents Through:
Ms. Suchitra Kaushal, Mr. Sadiq Noor, Advocates.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 13.02.2025 1.
This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (A & C Act) seeking appointment of the Sole Arbitrator for adjudication of disputes between the parties arising out of Franchise Agreement dated 16th September 2022. 2.
Arbitration clause is contained in Clause 28 of the said Agreement. It provides that arbitral tribunal shall consist of a Sole Arbitrator to be appointed by the Petitioner with mutual consent of the respondent no. 1, and the Arbitrator should be an Advocate having at least 7 years of standing in the Courts of India.
3.
Since there were disputes between the parties, the petitioner invoked arbitration vide notice dated 03rd February 2022. 4.
Pursuant to previous order of this Court, counsel for respondent states on instructions that they are agreeable to appoint a Sole 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 18/02/2025 at 11:06:00
5.
Ms. Yashmeet Kaur, Advocate (Mob. No. 9810788943) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties. The fee of the Sole Arbitrator shall be as per the Fourth Schedule of the A&C Act. 6.
The Arbitrator is requested to furnish declaration under section 12 of the Arbitration and Conciliation Act 1996.
7.
List before the Arbitrator on 20th February 2025. Let a copy of the present order be emailed the Arbitrator at ykmarwah@gmail.com. 8.
Petition is disposed of with all pending applications, if any. 9.
Order be uploaded on the website of this Court. ANISH DAYAL, J FEBRUARY 13, 2025/ak/bp-tk 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 18/02/2025 at 11:06:00