Gaurav Varmani v. Trinity Touch Private Limited

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 708/2018 GAURAV VARMANI ..... Petitioner Through Mr.Nitin Gupta, Adv.

versus TRINITY TOUCH PRIVATE LIMITED ..... Respondent Through Mr.Arjun Syal, Adv.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 30.11.2018 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 an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Architectural Agreement dated 04.04.2016 executed between the parties. The said Agreement contains an Arbitration Agreement in form of Clause N thereof. 2.

The dispute having arisen between the parties, the petitioner invoked the Arbitration Agreement vide its notice dated 06.03.2018. Having received no response, the present petition was filed. 3.

On 23.10.2018, the parties were referred to the Delhi High Court Mediation and Conciliation Centre for exploring the possibility of an amicable settlement. The conciliation report indicates that no settlement could be arrived at between the parties.

4.

The respondent has filed its reply today only and the same is not on

record. I have perused the contents of the reply from the copy being produced by the respondent. There is no denial of the existence of Arbitration Agreement and due invocation thereof. 5.

In view of the above, I appoint Mr.Yudhvir Singh Chauhan, Advocate (A-276, Lawyers Chambers, Block-II, Delhi High Court, Mobile No.9810153709) as a Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the abovementioned Agreement. 6.

The Arbitrator shall give a disclosure in terms of Section 12 of the Act.

7.

All the contentions of the respondent, including raising of the counter claims, are left open to be raised before the Arbitrator. 8.

The petition is allowed in the above terms, with no order as to cost. Dasti.

NAVIN CHAWLA, J NOVEMBER 30, 2018/Arya