Allowed

Peerfintech Solutions Private Limited v. Perfios Software Solutions Private Limited

Delhi HC1 May 2024ARB.P./1158/2023

Case brief

AI extract

What is this about?

Petitioner sought appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 regarding a Service Agreement dispute. With respondent's consent, the court appointed an arbitrator and referred the matter to the Delhi International Arbitration Centre, leaving substantive contentions open.

What did the court decide?

Appointment of Ms. Rati Coshic as Sole Arbitrator and reference of disputes to the arbitral tribunal at DIAC, Delhi.

Peerfintech Solutions Private Limited Vs Perfios Software… — Arbitration | Delhi HC (2024)

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$~4

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 1158/2023

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PEERFINTECH SOLUTIONS PRIVATE LIMITED ..... Petitioner

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Through: Mr. Prabhakar Tiwari, Adv.

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versus

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PERFIOS SOFTWARE SOLUTIONS PRIVATE LIMITED

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..... Respondent Through: Mr. R.A. Iyer, Adv.

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CORAM:

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HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

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O R D E R

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% 01.05.2024

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By way of the present petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the „A&C Act‟ ), the petitioner seeks appointment of Arbitral Tribunal comprising of a Sole Arbitrator to adjudicate the disputes between the parties.

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Learned counsel for the petitioner submits that the parties had entered into a Service Agreement dated 28.02.2021, It is submitted that the said Agreement contains an arbitration clause (Clause-9.3), which provides that all disputes, with respect to the said agreement, shall be referred to arbitration as per provisions of the A&C Act, and further provides that the place of arbitration would be at Delhi.

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In terms of Clause-9.2 of the service agreement executed between the parties, the parties have already made efforts for the amicable

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/05/2024 at 14:35:19

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settlement of the matter which could not succeed.

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Disputes having arisen between the parties, petitioner invoked arbitration vide notice dated 20.07.2023, issued under Section 21 of the A&C Act.

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Learned counsel appearing for the respondent, on instructions, submits that the answering respondent has no objection to the matter being referred to the Arbitral Tribunal comprising of a Sole Arbitrator.

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The claim amount is around Rupees Twenty-Eight Lakhs Only.

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Considering that both the parties have consented to the reference to the arbitral tribunal, the present petition is disposed of with the following directions:

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i) The disputes between the parties under the said agreement are referred to the arbitral tribunal.

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ii) Ms. Rati Coshic, Advocate, (Mobile No. 9818215275) is appointed as an Arbitrator to adjudicate the disputes between the parties.

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iii) The arbitration will be held under the aegis of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi hereinafter, referred to as the „DIAC‟). The remuneration of the learned Arbitrator shall be in terms of fee rules of the DIAC Schedule or as the parties may agree.

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iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference.

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v) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims on merits of the dispute of

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/05/2024 at 14:35:19

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either of the parties, are left open for adjudication by the learned arbitrator.

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vi) The parties shall approach the learned arbitrator within two weeks from today.

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The petition is disposed of in the above terms

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DINESH KUMAR SHARMA, J

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MAY 1, 2024/AR..

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/05/2024 at 14:35:19

Peerfintech Solutions Private Limited v. Perfios Software Solutions Private Limited

Case brief

What is this about?

What did the court decide?

Peerfintech Solutions Private Limited v. Perfios Software Solutions Private Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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