Disposed

Krska Solar Pvt. Ltd. v. Strolar Mounting Systems Pvt. Ltd.

Delhi HC9 Jul 2024ARB.P./472/2024

Case brief

AI extract

What is this about?

Petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 seeking appointment of a sole arbitrator for disputes under a solar purchase order containing an arbitration clause. Respondent raised no objection; the court appointed Ms. Sapna Chauhan as sole arbitrator, with proceedings under DIAC.

What did the court decide?

Appointment of Sapna Chauhan as Sole Arbitrator; arbitration under DIAC within two weeks.

Krska Solar Pvt. Ltd. Vs Strolar Mounting Systems Pvt. Ltd. — Arbitration | Delhi HC (2024)

¶1

$~7

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

ARB.P. 472/2024

¶4

KRSKA SOLAR PVT LTD .....Petitioner

¶5

Through: Mr. Avinash Menon and Mr. Rishabh Saxena, Advs.

¶6

versus

¶7

STROLAR MOUNTING SYSTEMS PVT LTD .....Respondent Through: Mr. SC Tripathi and Mr. Touqeer Ajaz Qawar, Advs.

¶8

CORAM: HON'BLE MR. JUSTICE JASMEET SINGH

¶9

¶10

O R D E R 09.07.2024

¶11

This is a petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 seeking appointment of a Sole Arbitrator to adjudicate the disputes arising out of Purchase Order No. KRSKA/SOLAR/LATER1/0580/08 dated 13.09.2023.

¶12

The arbitration clause is contained as Clause 14 of the Purchase Order, which reads as under:-

¶13

“14. GOVERNING LAW AND DISPUTE RESOLUTION

¶14

This Purchase Order shall be governed by the laws of New Delhi, India. Any disputes arising out of this agreement shall be resolved through amicable negotiations. If no resolution is reached, the matter shall be settled by arbitration in accordance with Arbitration and Conciliation Act, 1996.”

¶15

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 18/07/2024 at 15:50:46

¶16

Since there were disputes between the parties, the petitioner invoked arbitration vide Legal Notice dated 19.12.2023 and thereafter filed the present petition.

¶17

When the matter came up for hearing on 08.04.2024, this court was pleased to issue notice.

¶18

Mr. Tripathi, learned counsel appears for respondent and has no objection to the petition being allowed.

¶19

For the said reasons, the petition is allowed. Since the parties are still having disputes between them, the following directions are issued:-

¶20

i) Ms. Sapna Chauhan (Adv.)(Mob. No. 7840020100, 9811264265) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

¶21

ii) 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 the Fourth Schedule of the Arbitration & Conciliation Act, 1996.

¶22

iii) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference.

¶23

iv) 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 either of the parties, are left open for adjudication by the learned arbitrator.

¶24

v) The parties shall approach the learned Arbitrator within two

¶25

This is a digitally signed order.

¶26

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 18/07/2024 at 15:50:46

¶27

weeks from today.

¶28

The petition is allowed and disposed of in the aforesaid terms.

¶29

JASMEET SINGH, J

¶30

JULY 9, 2024/NG

¶31

Click here to check corrigendum, if any

¶32

This is a digitally signed order.

¶33

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 18/07/2024 at 15:50:46

Krska Solar Pvt. Ltd. v. Strolar Mounting Systems Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Krska Solar Pvt. Ltd. v. Strolar Mounting Systems 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

Similar cases

Genus Power and Infrastructures Limited Vs Nhpc Limited

Rajender Mittal Vs Jai Krishna Artec Jv

Cec-Hcc Jv Vs National Highways Authority of India

Mkmg Jewel Developers Pvt. Ltd. Vs Bliss Equity Pvt. Ltd.

Mkmg Jewel Developers Pvt. Ltd. Vs Bliss Equity Pvt. Ltd.

Sanjeev Goyal Vs Achal Gupta & Ors.