Pvr Inox Limited v. Bhakti Incorporate

O R D E R %

13.11.2024

¶1The present petition has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 by the Petitioner seeking appointment of an Arbitrator to adjudicate upon the disputes which have arisen between the parties under the Memorandum of Understanding (MoU) dated 22.07.2016 entered into between the parties for the development of the Multiplex Space. Disputes have arisen between the parties inasmuch as the Petitioner has terminated the said MoU as the Respondent failed to handover the possession Multiplex Space within the stipulated time.

¶2Material on record indicates that a notice invoking arbitration under Section 21 of the Arbitration and Conciliation Act, 1996 was sent by the Petitioner to the Respondent on 01.07.2024.

¶3Since no reply has been given by the Respondent to the notice invoking arbitration sent by the Petitioner, the Petitioner has approached this Court by filing the present Petition. This is a digitally signed order. 4. Notice in the present Petition was issued on 02.09.2024. Despite service, today there is no appearance on behalf of the Respondent.

¶5In view of the fact that disputes have arisen between the Parties and there is an arbitration clause, this Court is inclined to appoint an Arbitrator to adjudicate upon the disputes between the Parties.

¶6Accordingly, Mr. Tanoodbhav Singhdev, (Adv.) (Mob. No.9999012345) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties.

¶7The learned arbitrator shall be entitled to fees as per the Schedule of Fees mentioned under the A&C Act.

¶8The learned arbitrator is also requested to file the requisite disclosure under Section 12(2) of the A&C Act within a week of entering on reference.

¶9All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law.

¶10Needless to say, nothing in this order shall be construed as an expression of this Court on the merits of the contentions of the parties.

¶11The present petition stands disposed of in the above terms.

SUBRAMONIUM PRASAD, J NOVEMBER 13, 2024 Rahul

This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1340/2024 PVR INOX LIMITED .....Petitioner Through: Ms. Deepika Kumari, Advocate versus BHAKTI INCORPORATE .....Respondent Through: None CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD