Mr Kabeer Proprietor of the Global Zone Hr Services Vs M/S Kehems Technologies Pvt. Ltd.

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 provides HR services and entered into a Contract dated 20.01.2020 for hiring candidates for working with the respondents.

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It is alleged that the respondent committed breach by hiring candidates without informing the petitioner. The same is disputed by Mr. Saini, learned counsel for the respondent.

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The said Contract contains arbitration clause being Clause J which reads as under:

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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 10:54:35

¶16

“ J). All disputes and differences arising in relation to this agreement shall be subject to arbitration by a sole arbitrator appointed by us in accordance with the Arbitration and Conciliation Act 1996 and the venue of arbitration shall be Delhi .”

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Since there were disputes between the parties, the petitioner invoked arbitration vide legal notice dated 20.02.2025 issued on 22.02.2025.

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Mr. Saini, learned counsel for the respondent has no objection to the appointment of an Arbitrator as long as all legal rights including the right to file a counter-claim are left open.

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

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i) Mr. Daniyal Khan, Advocate (Mob. No. 9819600925) is appointed as 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 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, 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

¶25

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 10:54:35

¶26

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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The present petition is disposed of in the aforesaid terms.

¶29

JASMEET SINGH, J

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APRIL 15, 2025/DM

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Click here to check corrigendum, if any

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This is a digitally signed order.

¶33

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 10:54:35

Mr Kabeer Proprietor of the Global Zone Hr Services v. M/S Kehems Technologies Pvt. Ltd.

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Mr Kabeer Proprietor of the Global Zone Hr Services v. M/S Kehems Technologies Pvt. Ltd.

Case brief

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