Spectrum Academy Private Limited v. Ligare Aviation Limited

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 347/2018 SPECTRUM ACADEMY PRIVATE LIMITED ..... Petitioner Through Mr. Mukesh Sinha and Ms. Priyanka Kakkar, Advs.

versus LIGARE AVIATION LIMITED ..... Respondent Through Mr. Ravinder Singh and Ms. Elevi, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 12.10.2018 This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 (in short '1996 Act'). Notice in this petition was issued on 08.05.2018. Notice was made returnable on 21.08.2018. On the said date, Mr. Ravinder Singh, Advocate entered appearance on behalf of the respondent. Time was granted to the respondent to file a reply.

Despite opportunity, no reply has been filed. Mr. Singh says that he does not wish to file a reply. In the petition, there is a reference to the fact that the parties had entered into a service agreement dated 01.04.2011. The disputes, according to the petitioner, emanate from the said service agreement. In the service agreement, the arbitration agreement obtaining between the parties stands incorporated in Clause 7.

In view of the fact that no reply has been filed and there is no rebuttal to the assertion that the arbitration agreement exists between the parties, Mr. Justice P.S. Teji (former Judge of this Court) is appointed as an Arbitrator. Learned Arbitrator will be paid fees as per the provisions of the Fourth Schedule appended to 1996 Act. Petition is disposed of in the aforesaid terms. RAJIV SHAKDHER, J OCTOBER 12, 2018