Allowed

Mrs Madhulika Lamba v. Municipal Corporation of Delhi

Delhi HC8 Jan 2024ARB.P./1246/2023

Case brief

AI extract

What is this about?

Petition for appointment of an arbitrator under Clause 7.2 of a 2016 License Agreement with MCD; no reply was filed to the petition. Court allowed the petition and appointed Mr. Ashok Kashyap as sole arbitrator under DIAC aegis.

What did the court decide?

Appointment of Mr. Ashok Kashyap as sole arbitrator; arbitration under DIAC; parties to approach within two weeks.

Mrs Madhulika Lamba Vs Municipal Corporation of Delhi — Arbitration | Delhi HC (2024)

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$~7

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 1246/2023 & I.A. 23569/2023

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MRS MADHULIKA LAMBA

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..... Petitioner Through: Mr. Aditya Singh, Mr. Kamal Kishor, Mr. Aditya Kumar, Advs.

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versus

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MUNICIPAL CORPORATION OF DELHI

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..... Respondent Through: Mr. Harsh Singhal, Mr. Utkarsh Singhla, Advs. for MCD

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CORAM:

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HON'BLE MR. JUSTICE JASMEET SINGH

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O R D E R % 08.01.2024

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I.A. 23568/2023-EX.

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Exemption is granted subject to all just exceptions.

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The petitioner shall file legible and clearer copies of exempted documents, complaint with practice rules before the next date of hearing.

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The application is disposed of.

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ARB.P. 1246/2023

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This is a petition seeking appointment of an Arbitrator in terms of Arbitration Clause 7.2 of the License Agreement dated 20.05.2016 which reads as under:-

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“7.2 Dispute Resolution: The Licensor and the Licensee shall make every effort to resolve the disputes amicably by direct informal negotiations, any disagreement or dispute arising between them under or in connection with the contract. If

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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 16/05/2024 at 12:14:08

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after thirty days from the commencement of such informal negotiations, the Licensor and the Licensee be unable to resolve amicably a contract dispute, either party may require that the dispute be referred for resolution by formal arbitration. The Commissioner, North DMC shall appoint a sole Arbitrator for the dispute and whose decisions shall be final and binding. In case of any dispute arising between the licensor and the licensee in respect of the interpretation or performance of any terms and conditions of this license, the same shall be referred to the sole arbitration of the Commissioner, North DMC whose decision thereon shall be final and binding on both the parties. The licensee shall not object to the officer of the Corporation action as sole arbitrator on the ground that he had dealt with the case or has at some stage expressed opinion in any matte connected therewith.”

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As the dispute had arisen, the petitioner invoked the Arbitration Clause vide the notice dated 01.03.2023. Since, no Arbitrator was appointed, the present petition was filed.

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When the matter came up on 28.11.2023, the respondent sought and was granted 2 weeks to file a reply. No reply has been filed till today and Mr. Singhal seeks some more accommodation.

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Since, no reply has been filed, I am inclined to allow the arbitration petition.

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For the said reasons, Mr. Ashok Kashyap, Adv. (Mob: 9810349031) is appointed as a Sole Arbitrator to adjudicate the disputes between the

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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 16/05/2024 at 12:14:08

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parties.

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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 Fourth Schedule of the Arbitration and Conciliation Act, 1996 or as the parties may agree.

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The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Arbitration and Conciliation Act, 1996 prior to entering into the reference.

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

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The parties shall approach the learned Arbitrator within two weeks from today.

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The petition is allowed and disposed of in the aforesaid terms.

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JASMEET SINGH, J

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JANUARY 8, 2024 / (MS)

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Click here to check corrigendum, if any

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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 16/05/2024 at 12:14:08

Mrs Madhulika Lamba v. Municipal Corporation of Delhi

Case brief

What is this about?

What did the court decide?

Mrs Madhulika Lamba v. Municipal Corporation of Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

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