Aanvin Digital Services And Soiutions v. Nsdl Payments Bank Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION NO.406 OF 2024 Aanvin Digital Services & Solutions Private Limited ...Applicant

Versus

NSDL Payments Bank Limited

...Respondent

Mr. Mohammed Kaleem S. Dehlvi, Advocate for Applicant. Ms Seema Chopda, Advocate for Respondent.

CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : JANUARY 29, 2025 PC :

1.

This Application has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act") seeking appointment of an arbitrator in connection with disputes and differences arising out of Co-Branded Partnership Agreement dated October 15, 2021. 2.

Today, when the matter is called out, Learned Counsel for the parties graciously agreed that all disputes and differences between them may be referred to arbitration to be conducted by Justice Shri. J.N. Patel (Retired) a former Judge of this Court. Digitally signed by AARTI GAJANAN PALKAR Date:

2025.02.03 19:04:33 +0530 AARTI GAJANAN PALKAR

3.

In these circumstances, taking into account inputs from the officers of the Court, this Application is finally disposed of by referring all disputes and differences covered by this proceeding to arbitration by by the Learned Sole Arbitrator hereby appointed in the following terms:

a] Justice Shri. J.N. Patel (Retired) a former Judge of this Court is hereby appointed as the Sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of and in connection with the Agreement referred to above. The contact details of the Learned Arbitrator are set out below:- Address : Raheja Chambers, 2nd Floor, Near Tulsiani, Nariman Point, Mumbai - 400 021.

b] A copy of this Order will be communicated to the Learned Sole Arbitrator by the Advocates for the Applicant within a period of one week from the date of this order being made available on the website of this Court. The Applicant shall provide the contact and communication particulars of the parties to the Arbitral Tribunal along with a copy of this Order;

c) The Learned Sole Arbitrator is requested to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to the parties within a period of two weeks from receipt of a copy of this Order;

d) The parties shall appear before the Learned Sole Arbitrator on such date and at such place as indicated, to obtain appropriate directions with regard to conduct of the arbitration including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc. At such meeting, the parties shall provide a valid and functional email address along with mobile and landline numbers of the respective Advocates of the parties to the Arbitral Tribunal. Communications to such email addresses shall constitute valid service of correspondence in connection with the arbitration; and e] All arbitral costs and fees of the Arbitral Tribunal shall be borne by the parties equally in the first instance, and shall be subject to any final Award that may be passed by the Tribunal in relation to costs.

4.

This Application is finally disposed of in the aforesaid terms. 5.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.]