Disposed¶17

M/S Frick India Limited v. M/S Uvr Natural Foods Private Limited

Delhi HC23 Jan 2025ARB.P./1347/2024

Case brief

AI extract

What is this about?

Frick India Limited v. UVR Natural Foods Private Limited; ARB.P. 1347/2024; High Court of Delhi; Manoj Kumar Ohri; 23.01.2025; Section 11(6) Arbitration and Conciliation Act 1996; Section 21 invocation notice dated 15.01.2024; Refrigeration Proposal (Work Order/Final Offer) dated 25.12.2020; consented reference; appointment of Sole Arbitrator Rishi Raj Sharma; arbitration under aegis of DIAC; declaration under Section 12 A&C Act; arbitrability and preliminary objections left open; counter-claims permitted; DIAC (Administrative Cost and Arbitrators’ Fees) Rules 2018; parties to approach arbitrator within two weeks.

What did the court decide?

Appointment of Mr. Rishi Raj Sharma, Advocate as Sole Arbitrator; disputes between the parties referred to the Arbitral Tribunal; arbitration to be held under the aegis of DIAC. ¶17

M/S Frick India Limited Vs M/S Uvr Natural Foods Private Limited — Arbitration | Delhi HC (2025)

What the court decided

AI extract

Outcome

Appointment of Mr. Rishi Raj Sharma, Advocate as Sole Arbitrator; disputes between the parties referred to the Arbitral Tribunal; arbitration to be held under the aegis of DIAC.

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Issue for consideration

Whether, pursuant to Section 11(6) of the A&C Act and the arbitration agreement contained in the Refrigeration Proposal dated 25.12.2020, an Arbitral Tribunal comprising a Sole Arbitrator should be appointed to adjudicate the disputes between the parties.

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Court's answer

Both parties consented to the reference to the Arbitral Tribunal, on which basis the petition was disposed of with directions.

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Ratio / Principle

The disputes between the parties under the said agreement are referred to the Arbitral Tribunal.

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Key takeaways

Mr. Rishi Raj Sharma, Advocate is appointed as the Sole Arbitrator to adjudicate the disputes between the parties.ratio¶19
The arbitration will be held under the aegis of the Delhi International Arbitration Centre (DIAC), Delhi High Court.ratio¶20
The learned Arbitrator shall furnish a declaration in terms of Section 12 of the A&C Act prior to entering into the reference.ratio

Detailed headnote1 paragraphs

Delhi High Court — ARB.P. 1347/2024 (Manoj Kumar Ohri, J.), order dated 23.01.2025. Disposed of M/s Frick India Limited's petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of a Sole Arbitrator for disputes under a Refrigeration Proposal (Work Order/Final Offer) dated 25.12.2020 whose 'Arbitration' Clause provided for resolution of disputes through arbitration per the A&C Act, with the place of arbitration at New Delhi. The petitioner's invocation notice dated 15.01.2024 under Section 21 of the A&C Act drew no reply; the respondent (M/s UVR Natural Foods Private Limited) declined to file a reply and raised no objection, and both sides consented to the reference. Directions: disputes referred to the Arbitral Tribunal; Mr. Rishi Raj Sharma, Advocate appointed Sole Arbitrator; arbitration under the aegis of DIAC; declaration under Section 12 of the A&C Act before entering the reference; arbitrability, preliminary objections, merits and counter-claims left open; arbitrator's remuneration per DIAC (Administrative Cost and Arbitrators’ Fees) Rules, 2018 or as agreed; parties to approach the Arbitrator within two weeks.

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$~15

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 1347/2024

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M/S FRICK INDIA LIMITED .....Petitioner Through: Mr. Harshvardhan Sharma, Mr. Neeraj Kumar, Mr. Ashutosh Kumar Pandey, Advocates.

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versus

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M/S UVR NATURAL FOODS PRIVATE LIMITED .....Respondent Through: Mr. Arshdeep Singh, Advocate

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

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O R D E R % 23.01.2025

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By way of present petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the ‘A&C Act’), the petitioner seeks appointment of Arbitral Tribunal comprising of a Sole Arbitrator, to adjudicate the disputes between the parties.

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Learned counsel for the petitioner submits that the parties have entered into a Refrigeration Proposal (Work Order/Final Offer) dated 25.12.2020. As per ‘Arbitration’ Clause of the aforesaid Refrigeration Proposal, it is stipulated that disputes arising out of and in connection with it shall be resolved through arbitration as per the provisions of the A&C Act. It further provides for the place of arbitration to be at New Delhi.

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Disputes having arisen between the parties, the petitioner invoked Arbitration vide notice dated 15.01.2024, issued under Section 21 of the

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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 29/01/2025 at 12:18:53

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A&C Act, which was not replied to by the respondent.

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Learned counsel for the respondent submits, on instructions, that the respondent does not wish to file a reply in the present matter. He further submits that the respondent has no objection to refer the matter to Arbitration.

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Learned counsels for the parties, on instructions, jointly submit that the Arbitration Agreement not being denied, the disputes arising in the context of the subject Refrigeration Proposal be referred to the Arbitral Tribunal comprising of a Sole Arbitrator.

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Considering that both the parties have consented to the reference to the Arbitral Tribunal, the present petition is disposed of with the following directions:-

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i) The disputes between the parties under the said agreement are referred to the Arbitral Tribunal.

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ii) Mr. Rishi Raj Sharma, Advocate (Mob: 9650140864) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties.

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iii) 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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iv) The learned Arbitrator shall furnish a declaration in terms of Section 12 of the A&C 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 on merits of the dispute of either of the parties, are left open for adjudication by the learned Arbitrator. Further, the respondent shall be at liberty to raise counter-

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claims, if any.

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vi) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators’ Fees) Rules, 2018 or as the parties may agree.

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

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MANOJ KUMAR OHRI, J

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JANUARY 23, 2025/ rd

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M/S Frick India Limited v. M/S Uvr Natural Foods Private Limited

Case brief

What is this about?

What did the court decide?

M/S Frick India Limited v. M/S Uvr Natural Foods Private Limited

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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