Ht Media Ltd, v. Lumata Digital India Pvt. Ltd.
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 508/2018 HT MEDIA LTD ..... Petitioner Through: Mr.Madhur Dhingra, Ms.Harleen Kaur, Advs.
versus LUMATA DIGITAL INDIA PVT. LTD.
..... Respondent Through: Mr.Karan Malhotra, Adv.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 15.11.2018 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 'Content License Agreement' dated 17th February, 2016 executed between the parties. There are various addendums signed between the parties to the said Agreement. The Arbitration Agreement is contained in Clause 15.10 of the main Agreement. 2.
Disputes having arisen between the parties, the petitioner invoked the Arbitration Agreement vide its notice dated 20.04.2018. The respondent vide its reply dated 18.05.2018 did not agree on the appointment of the proposed Arbitrator, forcing the petitioner to file the present petition.
3.
The respondent has not filed any reply to the petition. Counsel for the respondent submits that the respondent has no objection if an
Arbitrator is appointed by this Court.
4.
As the existence of the Arbitration Agreement and due invocation thereof are not denied by the respondent, with the consent of the parties, the parties are referred to the Delhi International Arbitration Centre (DIAC), where they shall appear on 30th November, 2018 at 2.00 p.m.
5.
DIAC shall appoint a Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the abovementioned Agreements. The arbitration proceedings and the fee shall be governed by the DIAC Rules.
6.
The petition is disposed of with the above directions with no order as to costs.
NAVIN CHAWLA, J NOVEMBER 15, 2018 RN