Ml Infomap Private Limited v. Gti Infotel Private Limited
$~OS-8 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 207/2017 ML INFOMAP PRIVATE LIMITED ..... Petitioner Through Mr.Lokesh Bhola and Ms. Manika Goswamy, Advs.
versus GTI INFOTEL PRIVATE LIMITED ..... Respondent Through
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
O R D E R
% 15.05.2017 1.
This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) seeking appointment of sole arbitrator to refer all the disputes and differences between the parties for adjudication.
2.
It is the case of the petitioner that the respondent placed a purchase order on 24.03.2015 for Geo Database Creation for Route Mapping and Round Trip Road Distance Determination and verification in the State of Maharashtra and Goa. On 26.03.2015 an agreement took place between the parties. On 23.02.2016, the respondent is said to have terminated the agreement. The petitioner relies upon an e-mail dated 07.03.2016 received from the respondent whereby the respondent offered that the matter can be settled by mutual conciliation or arbitration. However as per the reply of the
petitioner dated 09.03.2016, the petitioner agreed for arbitration as their last option. Reliance is also placed on a notice dated 06.09.2016 invoking the arbitration proceedings where certain names of arbitrators were also proposed. The respondent replied to the notice stating that at this stage, they do not agree for appointment of a formal arbitrator to resolve the disputes. 3.
The petitioner has filed an affidavit of service whereby the respondent are served. None has appeared for the respondent. 4.
There exists an arbitration agreement between the parties as evidenced from the exchange of mail by the parties. Accordingly, the petition is allowed. The parties are referred to Delhi International Arbitration Centre. The said Centre may nominate an arbitrator from its panel to adjudicate the disputes between the parties. The arbitration shall be held under the aegis of the said Centre.
5.
The petition stands disposed of.
JAYANT NATH, J MAY 15, 2017 rb