Nazar Opticals and Pharmaceuticals Private Limited Vs Associate… — Arbitration | Delhi HC (2025)

Nazar Opticals and Pharmaceuticals Private Limited Vs Associate… — Arbitration | Delhi HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of: disputes between the parties under the Distribution Agreement dated 01.08.2018 referred to the Arbitral Tribunal; Mr. Mohit Jolly, Advocate appointed as Sole Arbitrator; arbitration to be held under the aegis of DIAC with remuneration per DIAC (Administrative Cost and Arbitrators' Fees) Rules, 2018 or as agreed; arbitrator to furnish declaration under Section 12 of the A&C Act before entering reference; all rights and contentions left open; parties to approach the learned Arbitrator within two weeks.

Issue for consideration

Whether an Arbitral Tribunal comprising a Sole Arbitrator should be appointed under Section 11(6) of the A&C Act to adjudicate the disputes between the parties arising out of the Distribution Agreement dated 01.08.2018.

Court's answer

Both parties having consented to the reference of their disputes to the Arbitral Tribunal, the petition under Section 11(6) of the A&C Act is disposed of with directions referring the disputes between the parties to the Arbitral Tribunal.

Ratio / Principle

Mr. Mohit Jolly, Advocate is appointed as the Sole Arbitrator to adjudicate the disputes between the parties.

Key takeaways

The arbitration shall be held under the aegis of the Delhi International Arbitration Centre (DIAC), Delhi High Court, Sher Shah Road, New Delhi, with the arbitrator's remuneration governed by the DIAC (Administrative Cost and Arbitrators' Fees) Rules, 2018 or as the parties may agree.ratio¶¶20
All rights and contentions of the parties, including on the existence and validity of the arbitration agreement, arbitrability of any claim/counterclaim, preliminary objections, interim relief and merits, are left open for adjudication by the learned Arbitrator.ratio¶¶22

Detailed headnote1 paragraphs

Arbitration and Conciliation Act, 1996 — S. 11(6) — appointment of Sole Arbitrator — Distribution Agreement dated 01.08.2018, Clause 8.10 arbitration clause with seat at New Delhi — disputes invoked by notice dated 29.09.2022 under S. 21, unanswered — respondent, on instructions, raised no objection to reference — both parties consenting, petition disposed of; Mr. Mohit Jolly, Advocate appointed Sole Arbitrator; arbitration under aegis of DIAC, Delhi High Court, remuneration per DIAC (Administrative Cost and Arbitrators' Fees) Rules, 2018; declaration under S. 12 before entering reference; all rights and contentions, including on existence and validity of the arbitration agreement and arbitrability, expressly left open for the Arbitrator.

$~8

IN THE HIGH COURT OF DELHI AT NEW DELHI

- ARB.P. 1576/2024, IA 3589/2025 NAZAR OPTICALS AND PHARMACEUTICALS PRIVATE LIMITED .....Petitioner

Through: Mr. Amitesh Mishra, Advocate.

versus

ASSOCIATE DIRECTOR FINANCE AND ADMINISTRATION JOHNSON AND JOHNSON SURGICAL VISION INDIA PRIVATE LIMITED .....Respondent Through: Mr. Pawan Upadhyay, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R

% 11.02.2025

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 upon the disputes between the parties.

Learned counsel for the petitioner submits that the parties had entered into a Distribution Agreement dated 01.08.2018, Clause 8.10 of which provides that disputes with respect to the Agreement shall be resolved through arbitration as per provisions of A&C Act. It further provides for the seat of arbitration to be at New Delhi.

Disputes having arisen between the parties, petitioner invoked arbitration vide notice dated 29.09.2022, issued under Section 21 of the A&C Act, to which no reply has been received.

Learned counsel appearing for the respondent, on instructions,

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 30/06/2025 at 23:35:51

submits that the respondent has no objection to the matter being referred to the Arbitral Tribunal comprising of a Sole Arbitrator.

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

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

ii) Mr. Mohit Jolly, Advocate (Mob. 9810032399) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties.

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’). 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.

iv) The learned Arbitrator shall furnish a declaration in terms of Section 12 of the Act prior to entering into the reference.

v) It is made clear that all the rights and contentions of the parties, including on the existence and validity of the Arbitration agreement, arbitrability of any of the claim/counter claim, any other preliminary objection, need and legality of interim relief, as well as contentions on merits of the dispute by either of the parties, are left open for adjudication by the learned Arbitrator.

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

MANOJ KUMAR OHRI, J

FEBRUARY 11, 2025/ rd

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 30/06/2025 at 23:35:51