Disposed

Amazon Seller Services Private Limited v. Gillz Network through Its Proprietor Mr. Karaj Gill

Delhi HC2 May 2024ARB.P./409/2024

Case brief

AI extract

What is this about?

The Delhi High Court disposed of a petition under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator. Upon the parties' joint consent, the Court referred them to mediation. Arbitration proceedings were deferred for eight weeks to attempt settlement; if unsuccessful, the dispute will be adjudicated by the specified arbitrator under DIAC rules.

What did the court decide?

Parties referred to mediation; arbitration deferred for eight weeks pending settlement outcome; if mediation fails, dispute to be referred to arbitrator Ms. Bimla Makin.

Amazon Seller Services Private Limited Vs Gillz Network through… — Arbitration | Delhi HC (2024)

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$~1

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 409/2024 & I.A. 6829/2024 AMAZON SELLER SERVICES PRIVATE LIMITED ..... Petitioner

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Through: Mr. Angad Singh Makkar, Mr. Manas Raghuvanshi, Advocates.

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versus

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GILLZ NETWORK THROUGH ITS PROPRIETOR MR. KARAJ GILL ..... Respondent Through: Mr. Nizam Pasha, Ms. Aayushi Mishra, Mr. Sachin Dubey, Advocates.

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CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN

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O R D E R % 02.05.2024

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The petitioner has filed the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 [“the Act”] for appointment of an arbitrator to adjudicate disputes between the parties under a Master Video License Agreement dated 24.10.2019 [“the Agreement”] with an addendum dated 24.10.2019 and amendment thereto dated 01.07.2020.

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The Agreement contains a dispute resolution clause which provides for arbitration [Clause 17]. Delhi has been stated to be the venue of the arbitration and Courts in Delhi have also been vested with jurisdiction. 3. Disputes having arisen between the parties, the petitioner invoked arbitration by notice dated 22.01.2024. Although the respondent

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Page 1 of 3

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ARB.P. 409/2024

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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 06/05/2024 at 11:03:56

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addressed an interim reply dated 04.03.2024, the parties have not achieved consensus as to the reference.

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Notice was issued in the petition on 22.03.2024 when Mr. Nizam Pasha, learned counsel, accepted notice on behalf of the respondent. Although time was granted to file a reply, no reply has been filed.

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Mr. Pasha submits that there is no dispute as to the existence of an arbitration clause in the Agreement, but that parties are making an effort to settle the disputes amongst themselves.

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Learned counsel for the parties jointly submit that the disputes may be referred to mediation so that an attempt can be made to resolve their disputes mutually.

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Having regard to the above submissions and with the consent of learned counsel for the parties, the petition is disposed of with the following directions:-

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A. The parties are referred to mediation under the aegis of Samadhan, Delhi High Court Mediation and Conciliation Centre, Shershah Road, New Delhi-110503.

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B. The parties will appear before the learned Mediator on 09.05.2024.

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C. In the event the mediation proceedings are unsuccessful, the disputes will be adjudicated by the arbitration of Ms. Bimla Makin, former Additional District Judge [Tel:- 9910384624].

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D. The arbitration proceedings will be held under the aegis of Delhi International Arbitration Centre, Delhi High Court, Shershah Road, New Delhi [“DIAC”] and will be governed by the Rules of DIAC, including as to remuneration of the learned Arbitrator.

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E. The learned Arbitrator is requested to furnish a declaration under

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Page 2 of 3

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ARB.P. 409/2024

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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 06/05/2024 at 11:03:56

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Section 12 of the Act, prior to entering upon the reference.

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F. DIAC is requested to defer the proceedings for a period of eight weeks from today to enable parties to attempt a mediated settlement. After the expiry of eight weeks, either party may approach DIAC to enter into the reference. If the parties require further time for settlement, DIAC may defer the reference further, on the joint request of the parties.

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It is made clear that all rights and contentions of the parties are left open for adjudication by the learned Arbitrator.

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PRATEEK JALAN, J

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MAY 2, 2024 “Bhupi”/

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Page 3 of 3

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ARB.P. 409/2024

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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 06/05/2024 at 11:03:56

Amazon Seller Services Private Limited v. Gillz Network through Its Proprietor Mr. Karaj Gill

Case brief

What is this about?

What did the court decide?

Amazon Seller Services Private Limited v. Gillz Network through Its Proprietor Mr. Karaj Gill

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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