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O.M.P.(I)(COMM.)77/2019&lAs 3859/2019,5498/2019
M/S.YOS SPORTS AND ENTERTAINMENTPVT.LTD.
Petitioner
Through:Mr.Wills Mathews,Mr.Paul John Edison, Advs.
Through:Mr.Dhruv Mohan,Mr.Akshay Sapral, Ms.Akanksha Choudhary,Advs.
[U)/O.M.P.(I)(COMM.)90/2019&lAs4678/2018,4924/2019
M/S.TALENTINVIGORATION AND SPORTS MANAGEMENT PRIVATE Petitioner
Through:Mr.Dhruv Mohan,Mr.Akshay Sapral, Ms.Akanksha Choudhary,Advs.
Respondent
Through:Mr.Wills Mathews,Mr.Paul John Edison, Advs.
15.04.2019
ORDER
1. These are cross petitions filed by the parties to the Agreement dated 21.12.2015 as modified by the Addendum dated 01.06.2017.
2. It is not disputed, and infact it is on that basis that these petitions have been filed,that there is an Arbitration Agreement between the parties contained in Clause 17 ofthe Agreement dated 21.12.2015. 2019:DHC:7642
3. Counsels for both the parties jointly request for appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the abovementioned Agreements.
4. In view ofthe above,I appoint Ms.R.Kiran Nath,Retd. District and Sessions Judge,Delhi(T-107, Aam Bagh,Near Andheria Modh, Mehrauli, Delhi-110030, Mobile-9910384659)as a Sole Arbitrator for adjudicating the disputes that have arisen between the parties.
5. The Arbitrator shall give a disclosure under Section 12 of the Act before entering into reference.
6. Either party shall be free to file the pleadings of these petitions before the Arbitrator in form ofan application under Section 17 ofthe Act. The Arbitrator is requested to consider the same as expeditiously as possible.
7. In compliance with the order dated 15.03.2019,passed by this Court in OMP(I)(Comm.)No.77/2019,the respondent claims to have created the fixed deposit. The respondent shall not deal with the fixed deposit without the leave ofthe Arbitrator. The proceeds ofthe fixed depositshall abide by the further directions ofthe Arbitrator.
8. In OMP(I)(Comm.) 90/2019, the interim order dated 29.03.2019 shall continue till further orders ofthe Arbitrator. The Arbitrator shall also consider the affidavit that was directed to be filed by the respondent under order dated 03.04.2019,and pass further directions.
9. The petition is disposed ofwith the above directions. Dastiunder the signature ofthe Court Master. NAVm CHAWLA,J APRIL 15,2019 RN