Allowed

M/S Expedient Healthcare Marketing Pvt. Ltd. v. Rajat Wadhwa

Delhi HC23 Sept 2024ARB.P./885/2024

Case brief

AI extract

What is this about?

The Delhi High Court allowed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, appointing Mr. S.M. Aggarwal as the Sole Arbitrator to adjudicate disputes between the parties arising from a lease agreement.

What did the court decide?

Appointment of Mr. S.M. Aggarwal as Sole Arbitrator; directions for mediation for 12 weeks before reference.

M/S Expedient Healthcare Marketing Pvt. Ltd. Vs Rajat Wadhwa — 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. 885/2024

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M/S EXPEDIENT HEALTHCARE MARKETING PVT LTD

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.....Petitioner

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Through: Mr. Atul Kharbanda, Mr. Kapil Sethi, Mr. Neeraj, Advs.

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versus

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RAJAT WADHWA .....Respondent Through: Mr. Harsh Prabhakar, Mr. Gurpreet Singh, Ms. Divya Kanwar, Advs.

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CORAM:

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HON'BLE MR. JUSTICE JASMEET SINGH

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O R D E R

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% 23.09.2024

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This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of the Sole Arbitrator to adjudicate the disputes between the parties.

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The petitioner and the respondent entered into Lease Deed dated 04.02.2022 with respect to the 1^st and 2^nd floor of property bearing No. 517, Udgoy Vihar, Phase-3 Gurgaon.

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The Lease Deed has an arbitration clause being Clause No. 21 (ii) which reads as under:-

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“If no settlement can be reached through mutual discussion and negotiations between the officials of Lessor and Lessee within 30 days then all such disputes, differences or disagreements shall be finally decided by arbitration to be held in accordance with the provisions of the Arbitration and Conciliation Act, 1996 as amended from time to time. Any arbitration pursuant hereunder shall be a domestic arbitration under the Applicable Laws.”

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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 02/07/2025 at 00:05:01

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As there were disputed between the parties, the petitioner invoked the arbitration vide Legal Notice dated 12.12.2023.

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It is stated that the petitioner has already vacated the tenanted premises.

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Mr. Prabhakar, learned counsel appears for the respondent and states that he has no objection to the appointment of the Sole Arbitrator. However, he states that an effort can be made to resolve the disputes between the parties.

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For the said reasons, the petition is allowed and the following directions are issued:-

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i. Mr. S.M. Aggarwal, Additional District Judge (Retd.) (Mob. No. 9891983608) 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‟).

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iii. The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators‟ Fees) Rules, 2018.

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iv. 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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v. 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/counter-claims

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and merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator.

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

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It is also directed that the learned Sole Arbitrator shall not enter reference for a period of 12 weeks from today as the matter is referred to Delhi High Court Mediation and Conciliation Centre to explore the possibility of a settlement.

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List on 04.10.2024 at 03:30 before Delhi High Court Mediation and Conciliation Centre.

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In case the matter is not settled, the learned Sole Arbitrator will enter reference only after 12 weeks from today.

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With these directions, the petition is disposed of.

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JASMEET SINGH, J

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SEPTEMBER 23, 2024/NG

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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 02/07/2025 at 00:05:01

M/S Expedient Healthcare Marketing Pvt. Ltd. v. Rajat Wadhwa

Case brief

What is this about?

What did the court decide?

M/S Expedient Healthcare Marketing Pvt. Ltd. v. Rajat Wadhwa

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

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