Allowed

Rajesh Guralmal Nagpal v. M/S R.G.A. Fresh Fruits Private Limited & Anr.

Delhi HC8 Jan 2024ARB.P./690/2023

Case brief

AI extract

What is this about?

The Delhi High Court appointed Justice Vipin Sanghi as a sole arbitrator to adjudicate disputes between the petitioner and respondent under a settlement agreement. The petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 was allowed and disposed of.

What did the court decide?

Appointment of Justice Vipin Sanghi as Sole Arbitrator; parties to approach for arbitration within two weeks.

Rajesh Guralmal Nagpal Vs M/S R.G.A. Fresh Fruits Private Limited… — 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. 690/2023 RAJESH GURALMAL NAGPAL

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..... Petitioner

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Through: Mr. Ashish Bansal, Adv. versus

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M/S R.G.A. FRESH FRUITS PRIVATE LIMITED & ANR.

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..... Respondent

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Through: Mr. Kapil Malik, Adv. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH

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O R D E R

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% 08.01.2024

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This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of Arbitrator for adjudication and resolution of the disputes between the petitioner and the respondent to the tune of Rs. 5 crores (approx.)

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The settlement agreement dated 18.02.2022 contains the Arbitration Clause which reads as under:-

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“11. In case of any dispute both Parties shall attempts to settle the same amicably and if the same is not resolved through amicable attempts, the dispute shall be referred to single arbitrator jointly appointed by the Parties hereto. The seat of arbitration shall be Delhi and the courts in Delhi solely, shall have jurisdiction in all matters arising out of this Agreement.”

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It is stated by Mr. Malik, learned counsel for the respondent that it is not the respondent who is in default but the petitioner who has failed to perform his contractual obligations in terms of the settlement agreement. In fact there are amounts due and payable by the petitioner

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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 13/05/2024 at 12:13:42

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pursuant to the settlement agreement.

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These are all issues which the Sole Arbitrator will decide and adjudicate upon.

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For the said reasons, Justice Vipin Sanghi (Retd. Chief Justice of Uttrakhand High Court) (Mob. No. 9871300037) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

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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.

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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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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.

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The parties shall approach the learned Arbitrator within two weeks from today.

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

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JASMEET SINGH, J

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JANUARY 8, 2024 / (MS)

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Click here to check corrigendum, if any

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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 13/05/2024 at 12:13:42

Rajesh Guralmal Nagpal v. M/S R.G.A. Fresh Fruits Private Limited & Anr.

Case brief

What is this about?

What did the court decide?

Rajesh Guralmal Nagpal v. M/S R.G.A. Fresh Fruits Private Limited & Anr.

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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