Sgs Tekniks Manufacturing Private Limited v. Hcl Technologies Limited
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 219/2018 SGS TEKNIKS MANUFACTURING PVT. LTD. ..... Petitioner Through:
Mr.Nikhil and Mr.Sandeep Batra, Advs.
versus HCL TECHNOLOGIES LIMITED ..... Respondent Through:
Mr.Nishant Menon, Mr.Abhishek Birthray and Mr.Abhishek Verma, Advs.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 06.12.2018 I.A. No.3628/2018 (Delay) This is an application seeking condonation of 170 days delay in refiling of the petition. For the reason stated in the application, the delay is condoned and application stands allowed.
ARB.P. 219/2018 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 adjudication of the disputes that have arisen between the parties in relation to the Service Order(s) dated 18.03.2013 and 02.07.2013 placed by the respondent on the petitioner. The said Service Order(s) contain an Arbitration Agreement between the parties.
2.
The disputes having arisen between the parties, the petitioner invoked the Arbitration Agreement vide its notice dated 09.04.2016. The respondent vide its reply dated 17.05.2016 refuted the claim of the petitioner. 3.
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 that have arisen between the parties in relation to the abovementioned Service Order(s). 4.
With the consent of the parties, the parties are referred to the Delhi International Arbitration Centre (DIAC), where they shall appear on 20.12.2018 at 2.00 p.m. The DIAC shall appoint a Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the abovementioned Service Order(s).
5.
The Arbitration and fee shall be governed by the DIAC Rules. 6.
All objections of the respondent shall remain open in such proceedings.
7.
The petition is allowed in the above terms, with no order as to cost. Dasti.
NAVIN CHAWLA, J DECEMBER 06, 2018/Arya