Disposed

Share Samadhan Limited v. Vinay Prakash Sadh

Delhi HC3 Jul 2024ARB.P./318/2024

Case brief

AI extract

What is this about?

Petitioner sought appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act 1996 over a ₹98,000 consultancy dispute after the respondent ignored arbitration notices. The respondent did not appear; the court found Section 11(6) satisfied and appointed Mr. Abhishek Singh as sole arbitrator.

What did the court decide?

Sole arbitrator (Mr. Abhishek Singh, Adv.) appointed to resolve the dispute; fees to be fixed and shared equally between parties.

Share Samadhan Limited Vs Vinay Prakash Sadh — Arbitration | Delhi HC (2024)

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$~2

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 318/2024

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SHARE SAMADHAN LIMITED .....Petitioner Through: Mr. Vaibhav Verma, Mr. Chirag Garg, Mr. Abhishek Pandey and Ms. Priya Pathak, Advs.

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versus

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VINAY PRAKASH SADH .....Respondent Through: None

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CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR

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O R D E R (O R A L) % 03.07.2024

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1. The petitioner entered into a consultancy agreement dated 12 November 2021. Clause 5 of the agreement provided for resolution of the dispute by arbitration and reads thus:

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“5. Arbitration Clause

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Any dispute, controversy or claims arising out of or relating to this Agreement or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The Arbitration proceedings shall be conducted before a Sole Arbitrator and such person being appointed as a Sole Arbitrator shall be mutually appointed by the Client and the Consultant. Further, the said Sole Arbitrator shall be a person eligible for being an Arbitrator under The Arbitration and Conciliation Act, 1996 as amended by the Arbitrators and Conciliation (Amendment) Act, 2016. The place of Arbitration shall be Delhi and any award whether interim or final passed, shall be deemed for all purposes between the parties to be passed in Delhi.

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The arbitral proceedings shall be conducted in the English language and any award or awards shall be rendered in English. The provisions of this agreement shall be governed by and

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Signature Not Ver ified

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Signature Not Verified

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Page 1 of 3

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ARB P 318/2024 Digitally Signed By:AJIT KUMAR Signing Da te:0 6.07.2024 17:25:24

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Digitally Signed By:CHANDRASHEKHARAN HARI SHANKAR Signing Date: 06.0 7.2024 17:24:39

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continued in accordance with Indian law. Only the Courts at Delhi shall have exclusive jurisdiction in all matters arising under this Agreement.”

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2. Dispute between the parties having arisen, the petitioner addressed a detailed legal notice dated 16 January 2023 to the respondent, followed by a notice under Section 21 of the Arbitration and Conciliation Act 1996 (“the 1996 Act”) and on 16 February 2024, the petitioner suggested the name of two Advocates of this Court as arbitrators.

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3. The respondent did not respond to the said notice provoking the petitioner to approach this Court under Section 11(6) of the 1996 Act.

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4. Notice has been issued to the respondent in the present petition and the Registry reports that it also stands served.

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5. There is no appearance on behalf of the respondent on any of the occasions when this matter was listed including today.

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6. The amount in dispute is only ₹ 98,000/- along with interest thereon. I do not deem it necessary to keep these proceedings pending any further.

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7. The ingredients of Section 11(6) of the 1996 Act stands satisfied as the petitioner has invoked the arbitration clause in accordance with the terms thereof and the respondent has not reciprocated.

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Signature Not Ver ified

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Signature Not Verified

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Page 2 of 3

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ARB P 318/2024 Digitally Signed By:AJIT KUMAR Signing Da te:0 6.07.2024 17:25:24

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Digitally Signed By:CHANDRASHEKHARAN HARI SHANKAR Signing Date: 06.0 7.2024 17:24:39

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8. In the circumstances, this Court appoints Mr. Abhishek Singh, Adv. (Cell: 9015203289) as the Arbitrator to arbitrate on the dispute between the parties.

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9. The fees of the learned Arbitrator shall be fixed between the parties in consultation with the learned Arbitrator and shall be shared equally between them.

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10. The Arbitrator would submit the necessary disclosure under Section 11 of the 1996 Act within a week of entering on the reference.

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11. This petition stands disposed of in the aforesaid terms.

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C. HARI SHANKAR, J

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JULY 3, 2024 dsn

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Click here to check corrigendum, if any

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Signature Not Ver ified

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Signature Not Verified

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Page 3 of 3

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ARB P 318/2024 Digitally Signed By:AJIT KUMAR Signing Da te:0 6.07.2024 17:25:24

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Digitally Signed By:CHANDRASHEKHARAN HARI SHANKAR Signing Date: 06.0 7.2024 17:24:39

Share Samadhan Limited v. Vinay Prakash Sadh

Case brief

What is this about?

What did the court decide?

Share Samadhan Limited v. Vinay Prakash Sadh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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