Allowed

Radico Khaitan Limited v. Shiv Kumar

Delhi HC7 Oct 2024ARB.P./932/2024

Case brief

AI extract

What is this about?

This order allows an arbitration petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of a sole arbitrator. The court directed DIAC to appoint an arbitrator and issued procedural directions regarding fees and declarations upon the respondent's default.

What did the court decide?

DIAC to appoint an arbitrator; parties to approach arbitrator within two weeks; arbitrator to declare independence under Section 12.

Radico Khaitan Limited Vs Shiv Kumar — Arbitration | Delhi HC (2024)

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$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 932/2024 RADICO KHAITAN LIMITED

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.....Petitioner Through: Mr. Kamal Garg, Adv.

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versus

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SHIV KUMAR

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.....Respondent Through: None

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 07.10.2024

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This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator.

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The respondent approached the petitioner company for supply of goods manufactured by the petitioner.

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The petitioner deals in liquor and the same were supplied to the respondent in pursuance to tax/sale invoices annexed with the petition.

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The invoices contains arbitration clause, being clause 4, which reads as under-

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“4)Any dispute (whether contractual or otherwise) arising out of this transaction between the Parties or arising out of or relating to or in connection with this invoice shall be referred for arbitration in terms of Arbitration and Conciliation Act 1996 or any amendment thereof. The arbitration shall be conducted by a sole arbitrator to be appointed by Radico Khaitan Limited in its sole discretion. The seat

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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 16/10/2024 at 11:40:10

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of Arbitration shall be Delhi. This invoice shall be governed by the laws of India and courts in Delhi shall have exclusive jurisdiction over matters arising from this transaction/invoice. The Buyer shall be deemed to have accepted all terms and conditions contained-in the invoice including the arbitration agreement by accepting the goods delivered under this invoice.”

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As per the licence granted by the Excise Department, the address of the respondent is “M/s. Shiv Kumar Godown at Village Aurangabad near Flyover, District Yamuna Nagar”.

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Since there were disputes between the parties with regard to making payment, the petitioner sent a demand notice cum invocation of arbitration on 05.03.2024.

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When the petition was listed, the court issued notice to the respondent.

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As per the office report, the service is awaited. However, my attention has been drawn to the affidavit of service, where the respondent is served at the above address through speed post.

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Despite service, there is nobody appearing on behalf of the respondent.

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

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i) DIAC will appoint an Arbitrator out of the Panel of the Advocates maintained by the DIAC.

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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,

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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 16/10/2024 at 11:40:10

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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 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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JASMEET SINGH, J

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OCTOBER 7, 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 16/10/2024 at 11:40:10

Radico Khaitan Limited v. Shiv Kumar

Case brief

What is this about?

What did the court decide?

Radico Khaitan Limited v. Shiv Kumar

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

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