Disposed

Sh. Baljeet Singh Gill Proprietor M/S Giani Ram Taxi Service v. M/S Exl Se Rvice.Com(India) Private Limited

Delhi HC5 Apr 2024O.M.P.(I) (COMM.)/104/2024

Case brief

AI extract

What is this about?

The Delhi High Court disposed of a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, for interim protection. With the consent of both parties, the Court referred disputes arising under an agreement dated 30.11.2022 to an independent arbitrator appointed by the Court and established the framework for proceedings under Section 17 before the arbitrator.

What did the court decide?

The petitioner and respondent are referred to arbitration before Hon'ble Ms. Justice Asha Menon under the aegis of DIAC. The petition is treated as an application under Section 17 of the Act before th

Sh. Baljeet Singh Gill Proprietor M/S Giani Ram Taxi Service Vs… — Arbitration | Delhi HC (2024)

¶1

$~22

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

O.M.P.(I) (COMM.) 104/2024

¶4

SH. BALJEET SINGH GILL PROPRIETOR M/S GIANI RAM TAXI SERVICE ..... Petitioner Through: Mr. Deepak Acharya, Advocate.

¶5

versus

¶6

M/S EXL SE RVICE.COM(INDIA) PRIVATE LIMITED ..... Respondent Through: Ms. Sanyukta Gupta & Ms. Srishti Bajpai, Advocate.

¶7

CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN

¶8

O R D E R % 05.04.2024

¶9

I.A. 7711/2024 ( for exemption )

¶10

Exemption allowed, subject to all just exceptions.

¶11

The application stands disposed of.

¶12

O.M.P.(I) (COMM.) 104/2024

¶13

The petitioner has filed this petition under Section 9 of the Arbitration and Conciliation Act, 1996 [“the Act”], for interim measures of protection in anticipation of arbitration proceedings under an agreement dated 30.11.2022, by which the petitioner was engaged to provide cab/transport services to the respondent and its employees.

¶14

At the very outset, Ms. Sanyukta Gupta, learned counsel, enters appearance upon advance notice, and states that the disputes between the

¶15

O.M.P.(I) (COMM.) 104/2024

¶16

Page 1 of 3

¶17

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 03/07/2025 at 04:06:02

¶18

parties may be referred to arbitration of an independent arbitrator appointed by this Court.

¶19

Mr. Deepak Acharya, learned counsel for the petitioner, has no objection to this request and submits that the present petition may be treated as an application under Section 17 of the Act before the learned arbitrator.

¶20

As learned counsel for the parties have requested for appointment of an arbitrator in these proceedings itself, the petition is disposed of, with the consent of learned counsel for the parties, with the following directions:-

¶21

a. The disputes between the parties under the agreement dated 30.11.2022 are referred to the arbitration of Hon’ble Ms. Justice Asha Menon, former Judge of this Court [Tel: 9910384664].

¶22

b. Arbitration proceedings will be conducted under the aegis of Delhi International Arbitration Centre, Shershah Road, New Delhi110503 [“DIAC”], and will be subject to the Rules of DIAC, including as to the remuneration of the learned arbitrator.

¶23

c. The learned arbitrator is requested to furnish a declaration under Section 12 of the Act, prior to entering upon the reference.

¶24

d. The present petition will be treated as an application under Section 17 of the Act before the learned arbitrator. The respondent will file its response to the application within one week from today, or immediately upon the arbitrator entering into the reference, whichever is later. The parties may also request the learned arbitrator to take up the proceedings under Section 17 of the Act as expeditiously as possible, at least for the purposes of ad interim

¶25

Page 2 of 3

¶26

O.M.P.(I) (COMM.) 104/2024

¶27

¶28

orders.

¶29

e. Any further action taken pursuant to the impugned termination of the agreement by the respondent will be subject to the orders of the learned arbitrator.

¶30

It is made clear that all rights and contentions of the parties on maintainability of the claims and on merits are left open for adjudication by the learned arbitrator.

¶31

The petition stands disposed of with these directions.

¶32

A copy of the order be given dasti under the signature of the Court Master.

PRATEEK JALAN, J

APRIL 5, 2024

‘pv’/

Page 3 of 3

O.M.P.(I) (COMM.) 104/2024

¶38

Sh. Baljeet Singh Gill Proprietor M/S Giani Ram Taxi Service v. M/S Exl Se Rvice.Com(India) Private Limited

Case brief

What is this about?

What did the court decide?

Sh. Baljeet Singh Gill Proprietor M/S Giani Ram Taxi Service v. M/S Exl Se Rvice.Com(India) 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

Similar cases

Tehri Hydro Development Ltd. Vs Jaiprakash Associates Ltd.

Aman Hospitality Pvt. Ltd. Vs Vijay Anand & Associates LLP

Vijay Anand & Assciates Llp(Formerly Imown as Vijay Anand & Associates Pvt. Ltd.) Vs Aman Hospitality Pvt. Limited

National Commodities Management Services Limited Vs Shree Rice Mill

Nivedita Mehra Vs Ambience Private Limited

Leap Infraasys Pvt. Ltd. Vs Texmaco Rail and Engineering Ltd.