Disposed

Studio Dra International Designers Pvt. Ltd. v. Zetwerk Manufacturing Business Pvt. Ltd. & Anr.

Delhi HC28 Feb 2024ARB.P./1206/2023

Case brief

AI extract

What is this about?

Arbitration petition seeking appointment of an arbitrator. The petition was agreed by both sides to be treated as a notice invoking arbitration under the Act, with liberty to the petitioner to file a fresh petition for appointment of an arbitrator.

What did the court decide?

Petition treated as a Section 21 notice invoking arbitration, with liberty to file a fresh Section 11 petition; no merits examined.

Studio Dra International Designers Pvt. Ltd. Vs Zetwerk… — 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. 1206/2023

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STUDIO DRA INTERNATIONAL DESIGNERS PVT. LTD

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..... Petitioner

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Through: Mr. Kumar Anurag Singh, Mr. Zain A Khan, Mr. Anish Ahlawat, Advs.

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versus

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ZETWERK MANUFACTURING BUSINESS PVT. LTD & ANR. ..... Respondents Through: Mr. Ankit Parhar, 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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% 28.02.2024

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The hearing has been conducted through hybrid mode (physical and virtual hearing).

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The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking the appointment of an arbitrator.

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Learned counsel for the respondent submits that the notice dated 24.05.2023 cannot be termed as a notice under Section 21 of the Arbitration and Conciliation Act, 1996 invoking the arbitration.

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Learned counsel for the petitioner submits that without prejudice to his rights and contentions, the present petition may be treated as a notice under Section 21 of the Arbitration and Conciliation Act, 1996 and he may be permitted to file a fresh petition under Section 11 of the Arbitration and Conciliation Act, 1996.

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Learned counsel for the respondent has fairly agreed to the same.

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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 04/03/2024 at 11:10:12

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Let the present petition be treated as notice under Section 21 of the Arbitration and Conciliation Act, 1996 with the liberty to file fresh petition under Section 11 of the Arbitration and Conciliation Act, 1996. However, it is made clear that this Court has not gone into the merits of the case and it shall not be considered as an expression of other objections raised by the respondent.

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The petition stands disposed of.

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DINESH KUMAR SHARMA, J

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FEBRUARY 28, 2024 Pallavi

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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 04/03/2024 at 11:10:12

Studio Dra International Designers Pvt. Ltd. v. Zetwerk Manufacturing Business Pvt. Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

Studio Dra International Designers Pvt. Ltd. v. Zetwerk Manufacturing Business Pvt. Ltd. & Anr.

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

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