Allowed

Ms Vigor Media Worldwide v. Infallible Pharma Private Limited

Delhi HC20 Aug 2024ARB.P./803/2024

Case brief

AI extract

What is this about?

The Court appointed Mr. Shohit Chaudhary as the sole arbitrator to adjudicate disputes between MS Vigor Media Worldwide and Infallible Pharma Private Limited arising under their service contract, noting the respondent's non-appearance after service of notice.

What did the court decide?

Mr. Shohit Chaudhary appointed as Sole Arbitrator; proceedings to be conducted under DIAC.

Ms Vigor Media Worldwide Vs Infallible Pharma Private Limited — Arbitration | Delhi HC (2024)

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$~14

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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ARB.P. 803/2024

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MS VIGOR MEDIA WORLDWIDE .....Petitioner

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Through: Ms. Mamta Tiwari, Ms. Swati Sinha, Advs.

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versus

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INFALLIBLE PHARMA PRIVATE LIMITED .....Respondent Through:

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH

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O R D E R % 20.08.2024

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This is a petition seeking appointment of an Arbitrator to adjudicate the disputes between the parties arising out of Service Contract dated 30.07.2021 for providing the respondent with certain public relations and social media handling services for a period of 12 months from 01.08.2021 to 31.07.2022 at a monthly retainership fee of Rs. 3,80,000/- per month.

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As per the petitioner, the petitioner provided the services but there were disputes with regard to retainership fee.

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The arbitration clause is Clause H.1. of the Service Contract which reads as under:

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“ H. Arbitration and Jurisdiction

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1. Any issue related to this contract/agreement shall be resolved by the parties mutually within 30 days failing which same shall be referred to a sole Arbitrator appointed by the INFALLIBLE PHARMA PVT. LTD. Who shall hold the proceeding at the office of

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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 28/08/2024 at 12:22:29

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lNFALLIBLE PHARMA PVT. LTD. and the proceedings shall be in English. The award of the Arbitrator shall be final and binding on both the parties. The parties shall continue to perform such of their respective obligations that do not relate to the subject matter of the dispute, without prejudice to the final determination .”

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Since the disputes subsisted, the petitioner invoked arbitration on 14.03.2023.

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Disputes could not be settled and the petitioner filed the present petition seeking appointment of an Arbitrator.

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On 29.05.2024, notice was issued to the respondent. As per the service report, respondent has been served but despite service there is nobody appearing for the respondent.

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In view of the aforesaid facts, the petition is allowed and disposed of with the following directions:

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i) Mr. Shohit Chaudhary, Advocate (Mob. No. 9999091964) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

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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.

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iii) 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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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

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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 28/08/2024 at 12:22:29

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arbitrator.

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

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JASMEET SINGH, J

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AUGUST 20, 2024/DM

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Click here to check corrigendum, if any

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Ms Vigor Media Worldwide v. Infallible Pharma Private Limited

Case brief

What is this about?

What did the court decide?

Ms Vigor Media Worldwide v. Infallible Pharma Private Limited

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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