EXIM INTERNATIONAL v. TRANSTECHNOSOFT PRIVATE LIMITED & ORS.

1. This is an application filed by the petitioner seeking condonation of delay of 8 days in re-filing the petition. For the reasons stated in the application, the same is allowed.

2. Delay of 8 days in re-filing the petition is condoned.

3. Application is disposed of.

1. Affidavit of service has been filed on behalf of the petitioner. As per the affidavit respondent Nos. 1 and 2 have been served through speed post at their address in Gurgaon. It is further stated that respondent Nos. 3 & 4 have 2019:DHC:6159 been served through courier at the address in Pune. In addition, the petitioner has also served the respondents through electronic mode. The receipts of the speed post along with the tracking report have been filed with the affidavit of service. The receipts of the courier dated 1st November, 2019 along with the tracking report have also been filed with the affidavit of service.

2. Matter has been called twice. Even on the second call there is no appearance on behalf of the respondents. It appears that the respondents are not interested in defending the matter. Respondents are accordingly proceeded ex-parte.

3. Since the respondents are not appearing, the Arbitration Clause between the parties is deemed to be admitted. The Arbitration Clause between the parties reads as under:- “In the event of any dispute, controversy or difference arising between the Parties with regard to the interpretation, performance or non-performance, enforceability or breach of the Lease Deed and its Schedules, Annexures, the Parties shall endeavour, firstly to resolve such dispute(s) through mediation, failing which they shall refer the dispute(s) for arbitration to a sole Arbitral Tribunal constituting of a sole arbitrator to be appointed with the mutual consent of the Parties, which arbitral tribunal shall be constituted under The Arbitration and Conciliation Act, 1996 or its statutory modifications amendments or re-enactment thereof. The award of the Arbitrator shall be final and binding upon the Parties. The venue of the arbitration shall be New Delhi. The Language of the arbitration shall be in English. The governing law shall be Indian Law. The Arbitration Proceedings and all other matters connected to arbitration shall be subject to the exclusive jurisdiction of Courts at New Delhi.”

4. The petitioner has sent notice of invocation on 8th July, 2019. Copy of the same along with proof of service has been placed on record.

5. Since there has been no response to the notice of invocation and there is no appearance on behalf of the respondents in the present petition despite service, I deem it appropriate to appoint a Sole Arbitrator.

6. Accordingly, Ms. Sukriti, Advocate is appointed as an Arbitrator to adjudicate the disputes between the parties.

7. The address and mobile number of the learned Arbitrator is as under: Ms. Sukriti B-158, First Floor, Sector-44, Noida U.P-201303. Mobile: 9999413737

8. The learned Arbitrator shall give disclosure under Section 12 of the Act before entering upon reference.

9. Fee of the Arbitrator shall be fixed as per Fourth Schedule of the Act.

10. The petition is disposed of in the aforesaid terms.

JYOTI SINGH, J NOVEMBER 20, 2019 yo /