Allowed

M/S G4S Security Services India Pvt. Ltd. v. M/S Daoji Agro Pvt. Ltd.

Delhi HC2 Feb 2024ARB.P./1305/2023

Case brief

AI extract

What is this about?

Petitioner filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of a sole arbitrator. The court found service of notice valid and appointed Ms. Nidhi Raman as sole arbitrator under DIAC rules.

What did the court decide?

Appointment of Ms. Nidhi Raman as the sole arbitrator to adjudicate the dispute between the parties under the rules of Delhi International Arbitration Centre (DIAC).

M/S G4S Security Services India Pvt. Ltd. Vs M/S Daoji Agro Pvt… — Arbitration | Delhi HC (2024)

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$~6

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IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 02^nd February, 2024

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- ARB.P. 1305/2023 M/S G4S SECURITY SERVICES INDIA PVT LTD ..... Petitioner Through: Mr. Sanjeev Bahl, Mr. Eklavya Bahl, Mr. Apoorv Bahl, Advs

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versus

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M/S DAOJI AGRO PVT LTD ..... Respondent Through: None.

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CORAM:

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JUSTICE PRATHIBA M. SINGH

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Prathiba M. Singh, J. (Oral)

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This hearing has been done through hybrid mode.

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The present petition has been filed by the Petitioner – G4S Security Services India Pvt. Ltd. under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of a sole arbitrator in terms of the agreement dated 30^th June, 2021.

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In the present petition, an affidavit of service dated 5th December 2023 is on record, indicating that the Respondent has been served via speed post. Additionally, on 5th December 2023, the Respondent was also served through emails sent to the addresses [email protected], [email protected], and [email protected]. These email IDs are from where the Petitioner received replies to the invocation notice.

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The background of the present petition is that there was an agreement executed between the parties dated 30^th June, 2021, for providing guarding services. The Petitioner is stated to have provided the said services between

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Signature Not Verified

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Page 1 of 3

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Digitally Signed ARB.P. 1305/2023 By:DHIRENDER KUMAR Signing Dat e:0 5.02.2024 19:00:24

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5^th July, 2021 till 24^th June, 2022 i.e. the date of termination, and a sum of Rs.10,76,657/- is stated to be outstanding.

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A notice was issued on 5^th September, 2023, invoking the arbitration clause of the agreement dated 30^th June, 2021 and suggesting the appointment of the Arbitrator. A reply to the notice was received on the email vide dated 7^th September, 2023, but no concurrence was given. The arbitration clause of the agreement reads as under:

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“ 45. Any claims, dispute and or difference (including a dispute regarding the existence, validity, or termination of this Agreement) arising out of, or relating to this contract including interpretation of its terms will be resolved through joint discussions of the authorised representatives of the parties. However, if any such claim, dispute or difference cannot resolved through such joint discussions within thirty (30) days of the date of the notice then the matter shall be referred for adjudication to the arbitration of a sole arbitrator to be appointed by the parties in accordance with the provisions of the Arbitration and Conciliation Act 1996 and rules made thereunder including any modifications, amendments and future enactments thereto. The venue for the arbitration will be New Delhi. The decision of the arbitrator shall be final and binding on the parties.

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46 . This Contract is governed by the laws of Republic of India and shall be subject to the exclusive jurisdiction of the courts at Delhi. ”

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In view of the fact that service has been effected through email addresses from which replies were received, and speed post has also been delivered—despite the address appearing to have been changed by the Respondent—the Court deems the service to have been properly effected. Accordingly, Ms. Nidhi Raman (M: 9891088658) is appointed as

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Signature Not Verified

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Page 2 of 3

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Digitally Signed ARB.P. 1305/2023 By:DHIRENDER KUMAR Signing Dat e:0 5.02.2024 19:00:24

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the Sole Arbitrator to adjudicate upon the dispute between the parties. The arbitration proceedings between the parties shall take place under the rules and aegis of Delhi International Arbitration Centre (‘DIAC’) .

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The present petition is disposed of in the above terms.

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PRATHIBA M. SINGH

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JUDGE

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FEBRUARY 02, 2024

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DK/DN

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Signature Not Verified

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Page 3 of 3

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Digitally Signed ARB.P. 1305/2023 By:DHIRENDER KUMAR Signing Dat e:0 5.02.2024 19:00:24

M/S G4S Security Services India Pvt. Ltd. v. M/S Daoji Agro Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

M/S G4S Security Services India Pvt. Ltd. v. M/S Daoji Agro Pvt. Ltd.

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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