High Court of DelhiO.M.P.(I) (COMM.)/467/2018

M/S Aspek Media Pvt. Ltd. v. Entertainment City Ltd.

2018-12-21Hon'Ble Mr. Justice Navin Chawla2 pages

$~23 & 24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 467/2018 M/S ASPEK MEDIA PVT. LTD.

..... Petitioner Through Mr.Rajiv Nayar, Sr. Adv. with Mr.Anirudh Bakhru, Mr.Muhammad Ali Khan, Mr.Omar Hoda and Mr.Garurav Gupta, Advs.

versus ENTERTAINMENT CITY LTD.

..... Respondent Through Mr.Sandeep Sethi, Sr. Adv. with Mr.Pradeep Aggarwal, Ms.Vivya Nagpal and Mr.Arjun Aggarwal, Adv.

+ O.M.P.(I) (COMM.) 479/2018 ENTERTAINMENT CITY LTD .(ERSTWHILE KNOWN AS INTERNATIONAL RECREATION PARKS LTD.) ..... Petitioner Through Mr.Sandeep Sethi, Sr. Adv. with Mr.Pradeep Aggarwal, Ms.Vivya Nagpal and Mr.Arjun Aggarwal, Adv.

versus ASPEK MEDIA PRIVATE LIMITED THROUGH ITS DIRECTOR ..... Respondent Through Mr.Rajiv Nayar, Sr. Adv. with Mr.Anirudh Bakhru, Mr.Muhammad Ali Khan, Mr.Omar Hoda and Mr.Garurav Gupta, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 21.12.2018 IA No.17819/2018 (Exemption) in OMP(I) (COMM) 479/2018 Allowed, subject to all just exceptions.

OMP(I)(COMM) 467/2018 & OMP(I)(COMM) 479/2018 These petitions have been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the „Act‟) on the basis of the Media Agreement dated 14.08.2014 executed between the parties. Both the parties are alleging breach of the Agreement against each other. During the course of the hearing, learned senior counsels for the parties submit that the parties be referred to Arbitration keeping their contentions open to be decided by the Arbitrator, including an application under Section 17 of the Act being moved by either party. At the request of the parties, the parties are referred to Arbitration. Accordingly, Ms.Justice Indermeet Kaur, Retired Judge of this Court (62, Lodhi Estate, New Delhi-110003, Mob. No. 9910384614) is appointed as an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the abovementioned Agreement. The Arbitrator shall give disclosure under Section 12 of the Act before proceedings with the reference.

The parties shall be at liberty to file pleadings of the present petitions before the Arbitrator in order to expedite the adjudication. The parties shall further be at liberty to request the Arbitrator for expeditious hearing of the applications, if moved before the learned Arbitrator. The petitions are disposed of in the above terms, with no order as to cost.

Dasti under the signature of the Court Master. NAVIN CHAWLA, J DECEMBER 21, 2018/Arya