Goyal Enterprises v. Blendz Food Private Limited

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 396/2018 GOYAL ENTERPRISES ..... Petitioner Through: Mr.Pankaj Gupta, Adv.

versus BLENDZ FOOD PRIVATE LIMITED ..... Respondent Through: Ms.Medha Mukheyar, Adv.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 04.09.2018 This petition has been filed by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') seeking appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Joint Venture Agreement dated 13th March, 2014. The said Agreement contains an Arbitration Agreement in form of clause 12 thereof. Disputes having arisen between the parties, the petitioner invoked the Arbitration Agreement vide its notice dated 25th January, 2018. Having received no response from the respondent, the present petition was filed.

Counsel for the respondent submits that the respondent has no objection to the appointment of an Arbitrator. She in fact, submits that the parties be referred to the Delhi International Arbitration Centre (DIAC) for appointment of an Arbitrator and for adjudication of their disputes. This suggestion is agreeable to the counsel for the petitioner as well.

In view of the above, the parties are referred to the DIAC where they shall appear on 24th September, 2018 at 2.00 p.m. The DIAC shall appoint an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the abovementioned Agreement. The arbitration and the fee shall be governed by the DIAC Rules.

The petition is disposed of with the above directions, with no order as to costs.

NAVIN CHAWLA, J SEPTEMBER 04, 2018 RN