Lava International Ltd. v. Talent Unlimited Online Services Private Limited

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 478/2018 LAVA INTERNATIONAL LTD.

..... Petitioner Through: Mr.Nishant Datta, Mr.Vikas Sharma, Advs.

versus TALENT UNLIMITED ONLINE SERVICES PRIVATE LIMITED ..... Respondent Through: Ms.Urvi Mohan, Ms.Vasundhra, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 19.12.2018 1.

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 a Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Agreement dated 17.02.2017 and the Addendum dated 22.05.2017. The Agreement contains an Arbitration Agreement between the parties in form of Clause 13(g) thereof. 2.

Disputes having arisen between the parties, the petitioner invoked the Arbitration Agreement vide its notice dated 24.05.2018. Having failed to receive a response from the respondent, the present petition was filed.

3.

The respondent in its reply does not deny the existence of the Arbitration Agreement or due invocation thereof. It is contended by the respondent that the claim of the petitioner is not maintainable and

is frivolous in nature.

4.

As the existence of the Arbitration Agreement and due invocation thereof are not denied by the respondent, I see no impediment in appointing a Sole Arbitrator for adjudicating the disputes between the parties in relation to the abovementioned Agreement and the addendum thereto.

5.

I appoint Mr.Alakh Kumar, Advocate, L/2A, Hauz Khas Enclave, New Delhi-110016, Mob. No.9811063763 as the Sole Arbitrator to adjudicate the disputes that have arisen between the parties. The Arbitrator shall give a disclosure under Section 12 of the Act before proceeding with the reference.

6.

The petition is allowed in the above terms with no order as to costs.

NAVIN CHAWLA, J DECEMBER 19, 2018 RN