Disposed

Adisri Business Services Pvt. Ltd. v. Footprints Childcare Pvt. Ltd. & Anr.

Delhi HC5 Feb 2024ARB.P./897/2023

Case brief

AI extract

What is this about?

Petition under Section 11 of the Arbitration and Conciliation Act seeking arbitrator appointment for disputes under a signed Indicative Term Sheet with an arbitration clause. After stamping concerns were resolved and respondents raised no objection, disputes were referred to arbitration under DIAC aegis; petition disposed of without adjudicating merits.

What the court decided

AI extract

Adisri Business Services Pvt. Ltd. Vs Footprints Childcare Pvt… — 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. 897/2023 & I.A. 16694/2023

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ADISRI BUSINESS SERVICES PVT LTD ..... Petitioner Through: Mr. Ramit Malhotra, Advocate.

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versus

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FOOTPRINTS CHILDCARE PVT LTD & ANR. ..... Respondents Through: Mr. Anshul Rai & Mr. Ravi Lochan Daliparth, Advocates.

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CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN

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O R D E R % 05.02.2024

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The petitioner has filed this petition under Section 11 of the Arbitration and Conciliation Act, 1996 [“the Act”], seeking appointment of an arbitrator to adjudicate disputes between the parties under a document dated 18.07.2022, entitled “Indicative Term Sheet”. The document is signed by the representatives of both parties and contains a dispute resolution clause which provides for arbitration. New Delhi has been designated as the place of arbitration.

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Disputes having arisen between the parties, arbitration was invoked by a communication dated 08.05.2023. The respondents also replied to the invocation notice, but parties could not reach consensus on the appointment of an arbitrator.

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Earlier, a dispute was raised with regard to the stamping of the

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Page 1 of 2

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ARB.P. 897/2023

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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 08/08/2024 at 12:42:42

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document and I am informed that the agreement has now been adequately stamped.

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Mr. Anshul Rai, learned counsel appearing on behalf of the respondents, submits that there is no objection to the appointment of an arbitrator.

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In view of the submissions of learned counsels for the parties, the disputes under the Indicative Term Sheet dated 18.07.2022 are referred to arbitration under the aegis of Delhi International Arbitration Centre, Shershah Road, New Delhi-110503 [“DIAC”]. DIAC is requested to appoint an arbitrator from its panel.

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The arbitration proceedings will be governed by the Rules of DIAC, including as to remuneration of the learned Arbitrator. The learned Arbitrator is requested to furnish a declaration under Section 12 of the Act, prior to entering upon the reference.

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It is made clear that this Court has not adjudicated the rights and contentions of the parties on merits, which are reserved for adjudication by the learned Arbitrator.

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The petition, alongwith pending applications, stands disposed of.

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The original Indicative Term Sheet filed with the Court may be returned to the learned counsel for the petitioner.

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PRATEEK JALAN, J

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FEBRUARY 5, 2024 ‘pv’ /

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Page 2 of 2

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ARB.P. 897/2023

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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 08/08/2024 at 12:42:42

Adisri Business Services Pvt. Ltd. v. Footprints Childcare Pvt. Ltd. & Anr.

Case brief

What is this about?

What the court decided

Adisri Business Services Pvt. Ltd. v. Footprints Childcare Pvt. Ltd. & Anr.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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