M/S KELVOLT(INDIA)PVT.LTD. v. M/S SHAPOORJI PALLONJI AND COMPANY PVT.LTD.

Delhi High Court · 12 Apr 2022 · 2022:DHC:1320
Sanjeev Sachdeva
ARB.P. 274/2022
2022:DHC:1320
arbitration petition_allowed

AI Summary

The Delhi High Court directed disputes under a contract containing an arbitration clause to be referred to DIAC for arbitration and corrected a typographical error in a prior order.

Full Text
Translation output
ARB.P. 274/2022
HIGH COURT OF DELHI
JUDGMENT
delivered on: 12th April, 2022
ARB.P. 274/2022
M/S KELVOLT(INDIA)PVT.LTD. ..... Petitioner
versus
M/S SHAPOORJI PALLONJI AND COMPANY PVT.LTD. ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Ms. Shurti Choudhri, Advocate
For the Respondents : Mr. Babit Jamwal, Advocate
CORAM:-
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J

1. Petitioner seeks appointment of an Arbitral Tribunal pursuant to the work order dated 16.01.2015 which contains an arbitration clause and stipulates that settlement of disputes shall be by way of arbitration.

2. Learned counsel for the respondent submits that without prejudice to his defence he has no objection to the matter being referred to Delhi International Arbitration Centre.

3. Accordingly, with the consent of parties, the disputes are referred to the Delhi International Arbitration Centre (DIAC), which would appoint an arbitrator to arbitrate the disputes. The arbitration shall take place under the 2022:DHC:1320 ARB.P. 274/2022 aegis of the DIAC in accordance with its rules and regulations.

4. The arbitrator would be entitled to charge fees in accordance with the schedule of fee stipulated by the DIAC.

5. The arbitrator shall furnish the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within one week of entering reference.

6. The petition is disposed of in the above terms.

7. Learned counsel for the respondent submits that on account of a typographical error his name has not been noticed in order dated 29.03.2022 and the name of the Director of the petitioner has been noticed as having appeared for the respondent.

8. Order dated 29.03.2022 is corrected. Presence of Mr. Babit Jamwal, Advocate shall be read in order dated 29.03.2022 as having appeared for the respondent and the name of the Mr. Santosh Vishkarama, Director shall be deleted from the said order.

9. This order shall be uploaded as a corrigendum to order dated 29.03.2022.

SANJEEV SACHDEVA, J APRIL 12, 2022/‘rs’