Allowed¶20

Harish Mittal v. M/S GO4GARAGE Pvt. Ltd. & Ors.

Delhi HC16 Apr 2025ARB.P./1647/2024

Case brief

AI extract

What is this about?

Section 11 Arbitration and Conciliation Act 1996; appointment of arbitrator; Delhi International Arbitration Centre (DIAC); sole arbitrator; DIAC Rules 2018 fees; Section 12 disclosure declaration; arbitrability left open; pre-arbitration mediation; Delhi High Court Mediation and Conciliation Centre; Clause 39 arbitration clause; Service Agreement 20.09.2022; legal notice 01.07.2024; Harish Mittal; Go4Garage Pvt Ltd; ARB.P. 1647/2024; Jasmeet Singh; 16.04.2025

What did the court decide?

Appointment of a Sole Arbitrator through the Delhi International Arbitration Centre to adjudicate the disputes, with arbitration deferred 8 weeks to enable mediation before the Delhi High Court Mediation and Conciliation Centre; with these directions the petition was disposed of. ¶20

Harish Mittal Vs M/S GO4GARAGE Pvt. Ltd. & Ors. — Arbitration | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether an arbitrator should be appointed under Section 11 of the Arbitration and Conciliation Act, 1996 to adjudicate the disputes between the parties arising out of the Service Agreement dated 20.09.2022 containing the Clause 39 arbitration clause.

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Ratio / Principle

The petition is allowed, with directions.

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Key takeaways

Delhi International Arbitration Centre (DIAC), Delhi High Court, will appoint a Sole Arbitrator to adjudicate the disputes between the parties.ratio¶21
The arbitration will be conducted under the aegis of the DIAC and per DIAC Rules, with the arbitrator's remuneration governed by the DIAC (Administrative Cost and Arbitrators' Fees) Rules, 2018.ratio¶22
The arbitrator is directed to furnish a declaration in terms of Section 12 of the Act prior to entering upon the reference.ratio

Detailed headnote1 paragraphs

Delhi High Court (Jasmeet Singh, J.) allowed a Section 11 Arbitration and Conciliation Act, 1996 petition (ARB.P. 1647/2024) by Harish Mittal against M/s Go4Garage Pvt Ltd & Ors., directing the Delhi International Arbitration Centre to appoint a Sole Arbitrator for disputes under a Service Agreement dated 20.09.2022 containing an arbitration clause (Clause 39), invoked by legal notice dated 01.07.2024. Arbitration to proceed under DIAC Rules with fees per DIAC Rules 2018; arbitrator to furnish a Section 12 declaration before entering reference. All rights and contentions, including arbitrability and preliminary objections, left open for the arbitrator. Proceedings deferred 8 weeks for attempted mediation at the Delhi High Court Mediation and Conciliation Centre, where parties to appear on 24.04.2025 at 04:30 PM. Order disposed of on 16.04.2025. No precedents cited.

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$~4

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 1647/2024

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HARISH MITTAL .....Petitioner

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Through: Mr. Sunil Kumar, Adv.

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versus

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M/S GO4GARAGE PVT LTD & ORS. .....Respondents Through: Mr. Dhurjati Verma, Ms. Kanika Malhotra, Advs.

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

16.04.2025

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

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The petitioner and the respondent entered into a Service Agreement dated 20.09.2022 wherein respondent No. 1 agreed to act as an aggregator and the respondent was to be paid 12% commission on invoices.

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The arbitration clause is contained in the Service Agreement as Clause 39 which reads as under:

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“ 39. If any dispute arises between the Parties hereto during the subsistence of this agreement or thereafter, in connection with or arising out of this agreement, the dispute shall be referred to arbitration under the Indian Arbitration and Conciliation Act, 2013.

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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 25/04/2025 at 10:54:27

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Arbitration shall be held at Delhi, India. The proceedings of arbitration shall be in the English language. The Parties shall bear their own cost of arbitration proceedings. The arbitrator’s award shall be final and binding on the parties.”

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Since there were disputes between the parties, the petitioner invoked arbitration vide legal notice dated 01.07.2024.

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Mr. Verma, learned counsel for the respondent states that he has no objection to the appointment of an Arbitrator. However, the parties may be referred to mediation before the Arbitrator enters reference.

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For the said reasons, the petition is allowed with the following directions:

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i) Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the ‘DIAC’) will appoint a Sole Arbitrator to adjudicate the disputes between the parties.

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ii) The arbitration will be held under the aegis of the DIAC and as per DIAC Rules.

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iii) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators’ Fees) Rules, 2018.

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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

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adjudication by the learned arbitrator.

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vi) The Arbitrator shall not commence the proceedings for a period of 8 weeks from today in order to enable the parties to explore the mediation process before the Delhi High Court Mediation and Conciliation Centre.

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vii) The parties shall appear before Delhi High Court Mediation and Conciliation Centre on 24.04.2025 at 04:30 PM.

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With these directions, the petition is disposed of.

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JASMEET SINGH, J

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APRIL 16, 2025/DM

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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 25/04/2025 at 10:54:27

Harish Mittal v. M/S GO4GARAGE Pvt. Ltd. & Ors.

Case brief

What is this about?

What did the court decide?

Harish Mittal v. M/S GO4GARAGE Pvt. Ltd. & Ors.

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

Coram

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