Disposed

Loveen Khosla Sole Proprietor of M/S K Sales Ser v. Union of India

Delhi HC8 Apr 2024ARB.P./160/2024

Case brief

AI extract

What is this about?

Section 11(6) petition seeking appointment of a sole arbitrator for disputes under a 2017 e-tender agreement. Respondent consented to reference; the court referred the disputes to arbitration under DIAC aegis with DIAC nominating the arbitrator.

What did the court decide?

Disputes referred to arbitral tribunal; DIAC to nominate arbitrator; arbitration under DIAC aegis; parties to approach arbitrator within two weeks.

Loveen Khosla Sole Proprietor of M/S K Sales Ser Vs Union of India — 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. 160/2024

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LOVEEN KHOSLA SOLE PROPRIETOR OF M/S K SALES SER

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..... Petitioner

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Through: Mr. Ankit Gupta, Mr. Shailesh Kumar Singh, Mr. Bhavit Sharma, Advs. (VC).

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versus

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UNION OF INDIA ..... Respondent Through: Mr. Jagdish Chandra, Standing Counsel with Mr. Satwik Parikh, Mr. Francis Fernandes, Ms. Saakshi Yadav, Ms. Sunanda Shukla, Advs.

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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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% 08.04.2024

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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 an Agreement (e-TENDER ID NO. 2017_MES_116801_1) dated 23.06.2017. It is submitted that the said Agreement contains an arbitration clause, which provides that all disputes, with respect to the said agreement, shall be referred to arbitration as per provisions of 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 15/04/2024 at 11:40:32

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A&C Act, and further provides that the place of arbitration would be at Delhi.

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Disputes having arisen between the parties, petitioner invoked arbitration vide notice dated 25.09.2023, 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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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) As agreed by both the counsels for the parties, DIAC shall nominate 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 15/04/2024 at 11:40:32

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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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APRIL 8, 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 15/04/2024 at 11:40:32

Loveen Khosla Sole Proprietor of M/S K Sales Ser v. Union of India

Case brief

What is this about?

What did the court decide?

Loveen Khosla Sole Proprietor of M/S K Sales Ser v. Union of India

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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