Allowed

Jasno Solutions (Opc) Private Limited v. Neeti Harialia

Delhi HC11 Jan 2024ARB.P./181/2023

Case brief

AI extract

What is this about?

The Delhi High Court appointed Mr. Abhinav Garg as the sole arbitrator to adjudicate disputes arising under a consultancy agreement between Jasno Solutions and Neeti Harialia. The court relied on Section 11(6) of the Arbitration Act and established the Delhi International Arbitration Centre as the venue.

What did the court decide?

Appointment of Mr. Abhinav Garg as sole arbitrator; reference made to Delhi International Arbitration Centre; parties directed to approach arbitrator within two weeks.

Jasno Solutions (Opc) Private Limited Vs Neeti Harialia — Arbitration | Delhi HC (2024)

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$~3

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 181/2023

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JASNO SOLUTIONS (OPC) PRIVATE LIMITED ..... Petitioner

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Through: Mr. Manav Narula, Ms. Kavya Singh, Advs.

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versus

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NEETI HARIALIA ..... Respondent

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Through: None.

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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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% 11.01.2024

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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 the 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 respondent was employed with the petitioner and she left the job which is a violation of the Consultancy Agreement dated 04.05.2022. It is submitted that the said Agreement contains an arbitration clause (Clause-16), 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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Learned counsel submits that the notice was issued and as per the office report, the respondent has duly been served. However, the respondent

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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 01/07/2025 at 23:46:36

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has failed to appear. The affidavit of service has also been placed on record. 4. Disputes having arisen between the parties, the petitioner invoked arbitration vide legal notice dated 24.08.2022, to which no response has been received till date.

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The scope of jurisdiction of the court under section 11(6) of the Arbitration and Conciliation Act is very limited to examine whether an arbitration agreement exists between the parties. Reliance can be placed on M/S Duro Felguera, S.A. vs Gangavaram Port Limited (2017) 9 SCC 729 wherein the court inter-alia held as under:

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“The scope of the power under Section 11 (6) of the 1996 Act was considerably wide in view of the decisions in SBP and Co. (supra) and Boghara Polyfab (supra). This position continued till the amendment brought about in 2015. After the amendment, all that the Courts need to see is whether an arbitration agreement exists - nothing more, nothing less. The legislative policy and purpose is essentially to minimize the Court‟s intervention at the stage of appointing the arbitrator and this intention as incorporated in Section 11 (6A) ought to be respected.”

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Considering that there is an arbitration clause and an arbitrable dispute, 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, Mr. Abhinav Garg, Advocate (Mobile No. 9810196968) is appointed as the sole 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

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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 01/07/2025 at 23:46:36

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remuneration of the learned Arbitrator shall be in terms of Schedule IV of the A&C Act 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 claims, 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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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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JANUARY 11, 2024/AR

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Jasno Solutions (Opc) Private Limited v. Neeti Harialia

Case brief

What is this about?

What did the court decide?

Jasno Solutions (Opc) Private Limited v. Neeti Harialia

Case brief

What is this about?

What did the court decide?

What the court decided

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