Nuteq Entertaintment Pvt Ltd v. Broadcasting Corporation Of India

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 558/2018 NUTEQ ENTERTAINTMENT PVT LTD ..... Petitioner Through: Mr.M.K.Dubey, Mr.Chandrachur Bhattcharya, Advs.

versus BROADCASTING CORPORATION OF INDIA ..... Respondent Through: Mr.Rajeev Sharma, Ms.Radhalakshmi, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 11.10.2018 1.

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 Agreement dated 08.3.2016 executed between the parties for execution of 26 episode video magazine titled-"Muthi Mein Hai Aasman", which had three segments (Uttam Kheti, Krishi Vikas Hetu Sansthayen, Khushali Ki Dagar).

2.

The said Agreement contains an Arbitration Agreement in form of clause 16 thereof.

3.

The disputes having arisen between the parties, the petitioner invoked the Arbitration Agreement vide its notice dated 25.05.2018. Having failed to receive a response, the present petition has been filed.

4.

Counsel for the respondent submits that the respondent has no objection if a Sole Arbitrator is appointed by this Court. 5.

As the existence of the Arbitration Agreement and the due invocation thereof are not denied, I see no impediment in appointing a Sole Arbitrator for adjudicating such disputes that have arisen between the parties.

6.

I accordingly, appoint Ms.Rajni Anand, Advocate, 79, R.P.S. Colony Sheikh Sarai Phase-I, New Delhi-110017, Mobile9891593401, 8527388401, as the Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the abovementioned Agreement. 7.

The Arbitrator shall give disclosure under Section 12 of the Act before proceeding with the reference.

8.

The arbitration shall be conducted under the aegis of the Delhi International Arbitration Centre and shall be governed by its rules as to procedure and fees.

9.

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

NAVIN CHAWLA, J OCTOBER 11, 2018 RN