Sahil Sharma v. Deepsounds Enteraunment Private Limited
$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 374/2018 SAHIL SHARMA ..... Petitioner Through:
Ms.Priyanka Sharma Goswami, Ms.Anusuya Sadhu Sinha & Ms.Amrita Sharma, Advs.
versus DEEPSOUNDS ENTERTAINMENT PRIVATE LIMITED ..... Respondent Through:
Mr.Aaditya VK & Ms.Liza M.
Barnah, Advs.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 21.05.2018 IA No. 7053/2018 (Exemption) Allowed, subject to all just exceptions.
ARB.P. 374/2018 Issue notice. Notice is accepted by Mr. Aaditya VK, Advocate on behalf of the respondent.
This petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') has been filed by the petitioner seeking appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Master Agreement dated 15.11.2014. The said Agreement contains an Arbitration Agreement in form of Clause 12.2 thereof.
Disputes having arisen between the parties, the petitioner vide its notice dated 28.03.2018 invoked the Arbitration Agreement and nominated
its Arbitrator. The respondent, however, vide its reply dated 23.04.2018, instead of agreeing to the name suggested by the petitioner, suggested two other names of advocates who may be appointed as an Arbitrator. As the parties could not arrive at a consensus on the name of the Arbitrator, the present petition was filed.
The counsel for the respondent who appears on advance notice, submits that the respondent has no objection if an Arbitrator is appointed for adjudicating the disputes that have arisen between the parties in relation to the abovementioned Master Agreement.
I accordingly appoint Mr.Jayanta Mehta, Advocate (R/o 227, Tower No. 6, Supreme Enclave, Mayur Vihar Phase-I, Delhi-110091, Mobile: 9810222511) as a Sole Arbitrator for adjudicating the disputes that have arisen between the parties. The Arbitrator shall give his disclosure under Section 12 of the Act before proceeding with the reference. The Arbitrator shall charge fee in accordance with the Fourth Schedule to the Act. The petition is allowed in the above terms.
NAVIN CHAWLA, J MAY 21, 2018/rv