This order appoints Ms. Mini Pushkarna as the Sole Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 to adjudicate disputes between the parties based on their contractual arbitration clause.
Appointment of Ms. Mini Pushkarna, Adv. as the Sole Arbitrator to adjudicate the disputes between the parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~23
M/S METROPOLE SERVICE STATION ..... Petitioner Through: Mr. P.S. Goindi, Adv.
versus
SHIVANTA AGRO FOODS PVT. LTD. ..... Respondent Through: Mr. Vibhor Aggarwal, Ad.
CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO
O R D E R % 05.02.2020
This petition has been filed by the petitioner under Section 11 (6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator. The only issue raised by the counsel for the respondent is that there is no dispute inasmuch no amount is payable by the respondent to the petitioner. He states, rather an amount in excess of Rs.24 Lacs is payable by the petitioner to the respondent. In any case, he does not dispute the arbitrability of the inter-se disputes between the parties herein. Clause 31 of the Contract dated May 1, 2018 reads as under:
“That in case of any dispute(s) difference (s) or questions arising out of, or concerning with or touching this agreement shall be referred to the arbitration nominated jointly by both the parties in writing And decision of the arbitrator shall be final binding upon the party. The place of arbitration proceeding shall be at New Delhi. The legal jurisdiction will be New Delhi.”
The notice invoking arbitration was issued on October 21, 2019. In fact, I have been told that a reply to the same was also given by the respondent to the petitioner which according to Mr. P.S. Goindi, learned counsel for the petitioner was received after the filing of the petition.
This court appoints Ms. Mini Pushkarna, Adv. as the Sole Arbitrator, who shall adjudicate the disputes between the parties. Parties are at liberty to file claim / counter-claim, if any, before the learned Arbitrator. The appointment of the Arbitrator shall be regulated by the rules of DIAC. A copy of this order be sent to Ms. Mini Pushkarna, Adv. for information
The petition stands disposed of.
Dasti.
V. KAMESWAR RAO, J
FEBRUARY 05, 2020 /jg
2 issues framed by the court
Whether the Sole Arbitrator should be appointed under Section 11(6) of the Arbitration and Conciliation Act, 1996 despite the respondent's lack of dispute regarding the amount.
Whether the arbitration clause in Clause 31 of the Contract is valid and enforceable for inter-se disputes.
2 provisions across 2 enactments
M/S METROPOLE SERVICE STATION
SHIVANTA AGRO FOODS PVT. LTD.
V. KAMESWAR RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
