Dismissed

Oyo Hotels and Homes Private Limited (Oyo) v. Jawed Ahmed

Delhi HC9 Feb 2024ARB.P./679/2023

Case brief

AI extract

What is this about?

Petition under Section 11(6) seeking appointment of an arbitrator under a Service Agreement for unpaid catering dues. Respondent did not appear and could not be traced; petitioner sought withdrawal with liberty to refile. Petition dismissed as withdrawn with liberty; pending applications disposed.

What did the court decide?

Petition dismissed as withdrawn with liberty to file afresh if respondent's contact details are traced; all pending applications disposed of.

Oyo Hotels and Homes Private Limited (Oyo) Vs Jawed Ahmed — 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. 679/2023

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OYO HOTELS AND HOMES PRIVATE LIMITED (OYO) ..... Petitioner Through: Mr. Diptiman Acharyya, Adv. (M. 9831478866)

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versus

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JAWED AHMED ..... Respondent

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Through: None.

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CORAM: JUSTICE PRATHIBA M. SINGH O R D E R % 09.02.2024

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This hearing has been done through hybrid mode.

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The present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter, ‘1996 Act’) has been filed by the Petitioner-OYO Hotels & Homes Pvt. seeking appointment of an arbitrator in terms of Clause 1.11(a) of the Service Agreement dated 24th July, 2022.

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The Petitioner-company operates a website called weddingz.in, which is a tech-enabled platform for wedding planning, offering users a wide range of venues for weddings, events, and other requirements. The Respondent is running a catering service named "Jawed Caterer," known for providing catering services at banquet halls and similar venues. A Service Agreement, including an arbitration agreement, was entered into between both parties on 24th July, 2022. This Agreement was meant to facilitate the Respondent in taking catering bookings via the Petitioner's website.

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As per the petition, however, the Respondent has failed to make certain payments to the Petitioner as per the terms of the Agreement,

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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 16/12/2024 at 14:22:24

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accumulating unpaid dues amounting to ₹11,24,000/- along with interest. Despite several reminders, the Respondent has not cleared these dues, constituting a breach of the agreement terms.

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The Petitioner, feeling aggrieved by the Respondent's actions, issued a notice invoking arbitration under Section 21 of the Arbitration and Conciliation Act, 1996 on 4th March, 2023, which was sent to the Respondent via email on 15th March, 2023.

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Notice was issued to the Respondent on 13th December, 2023, however the Respondent has not appeared in the matter.

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Today, Ld. counsel for the Petitioner submits that the Petitioner is unable to trace the Respondent, as there is no fresh address. Accordingly, he seeks permission to withdraw the petition with liberty to file afresh if the Respondent’s contact details are traced.

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Accordingly, the present petition is dismissed as withdrawn with liberty as aforesaid. All pending applications disposed of.

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PRATHIBA M. SINGH, J.

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FEBRUARY 09, 2024 Rahul/dn

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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 16/12/2024 at 14:22:24

Oyo Hotels and Homes Private Limited (Oyo) v. Jawed Ahmed

Case brief

What is this about?

What did the court decide?

Oyo Hotels and Homes Private Limited (Oyo) v. Jawed Ahmed

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

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