Full Judgment Text
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Judgment delivered on: 09 May, 2022
+ O.M.P.(I) (COMM.) 105/2022 & I.A. 5197/2022
SAYA BUILDCON PRIVATE LIMITED ..... Petitioner
versus
MR VIJAY KUMAR AGGARWAL & ORS. ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Vijay Nair and Mr. Vineet Sinha, Advocate
For the Respondents: Mr. Krishnendu Datta, Senior Advocate with Mr.
Zorawar Singh and Mr. Hitesh Mankar, Advocates
CORAM:-
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J
1. Petitioner, by this petition under Section 9 of the Arbitration &
Conciliation Act, 1996 seeks certain declaratory and interim measures
against the respondents.
2. The disputes have arisen, inter-alia, out of the partnership agreement
and the memorandum of understanding both dated 22.11.2017. Both the
partnership agreement and memorandum of understanding contain clauses
providing for settlement of disputes through the process of arbitration.
3. After some arguments, learned counsel for the parties are agreeable
O.M.P.(I) (COMM.) 105/2022 Page 1 of 2
Digitally Signed
By:JUSTICE SANJEEV
SACHDEVA
Signing Date:09.05.2022
20:50
Signature Not Verified
Digital Signed By:KUNAL
MAGGU
Signing Date:10.05.2022 12:25:38
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
that an Arbitral Tribunal be constituted by this Court in these proceedings
itself, reserving the right of the parties to approach the Arbitral Tribunal
under Section 17 of the Arbitration & Conciliation Act, 1996 for interim
measures.
4. Accordingly, with the consent of the parties and without prejudice to
their respective rights and contentions, parties are referred to arbitration.
5. With the consent of parties, Mr. Justice A.K. Sikri, Former Judge,
Supreme Court of India, (Email: aksikrij@gmail.com ;
pstojusticesikri@gmail.com ) is appointed as the Sole Arbitrator to
adjudicate the claims and counter-claims, if any, of the parties.
6. It would be open to the parties to approach the Arbitral Tribunal
under Section 17 of the Arbitration & Conciliation Act, 1996 for interim
measures, in accordance with law.
7. The fees of the Arbitral Tribunal shall be as per the Fourth Schedule
of the Arbitration and Conciliation Act, 1996.
8. The Arbitrator shall furnish the requisite disclosure under section 12
of the Arbitration and Conciliation Act, 1996 within two weeks of entering
reference.
9. Petition is disposed of in the above terms.
SANJEEV SACHDEVA, J
MAY 9, 2022/‘ rs’
O.M.P.(I) (COMM.) 105/2022 Page 2 of 2
Digitally Signed
By:JUSTICE SANJEEV
SACHDEVA
Signing Date:09.05.2022
20:50
Signature Not Verified
Digital Signed By:KUNAL
MAGGU
Signing Date:10.05.2022 12:25:38
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.