SC: Under Order XXI Rule 102 CPC, A Transferee Pendente Lite Cannot Obstruct Execution of a Decree  ||  SC: RTE Act promotes fraternity and equality by children of judges and vendors studying together  ||  MP High Court: Aadhaar and Voter ID Cards are Not Definitive Proof of Date of Birth  ||  Chhattisgarh HC: Second Marriage During Subsisting First Marriage Void Unless Custom Permits It  ||  Allahabad HC: Will in Favor of Someone Does Not Affect Compassionate Appointment Based on Dependency  ||  MP High Court: Mere Illness of a Family Member, If Improving, is Not Sufficient for Interim Bail  ||  Bombay HC: ?25K Fine for Flying Kites With Nylon Manjha; Parents Must Ensure Responsible Conduct  ||  Delhi High Court: Home State Must be the First Preference For Claiming Insider IFS Cadre Allocation  ||  SC: Hindu Daughter-In-Law Widowed After Her Father-In-Law’s Death is Entitled to Maintenance  ||  SC: Vendor Remains a Necessary Party in Specific Performance Suits Even After Transferring Property    

Jyotsana Sinha vs. Snigdha Paper And Packaging LLP And Ors. - (High Court of Delhi) (06 Feb 2023)

As the existence of the Arbitration Agreement and due invocation thereof are not denied, it is not for present Court to enter into the merits of the claims raised by the parties

MANU/DE/0637/2023

Arbitration

Present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the LLP Agreement dated 17th August, 2017 executed between the parties. Disputes having arisen between the parties, the Petitioner invoked the Arbitration Agreement vide notice. In response, the respondent vide reply refused the appointment of an Arbitrator. The Petitioner has filed the present petition thereafter. The existence of the Arbitration Agreement in the LLP Agreement is not denied by the Respondent.

As the existence of the Arbitration Agreement and due invocation thereof are not denied by the respondent, following the judgment of the Supreme Court in Vidya Drolia and Others v. Durga Trading Corporation, it is not for this Court to enter into the merits of the claims raised by the parties. It shall always be open to the Respondent in such arbitration proceedings to contend that the transaction for which the suit has been filed by the petitioner is also related to or shall have an effect on the claim raised by the petitioner before the learned Sole Arbitrator.

The learned counsels for the parties at this stage request that they be referred to the Delhi International Arbitration Centre (in short 'DIAC') for appointment of an Arbitrator. They further request that a Chartered Accountant be appointed as an Arbitrator as the dispute between them is in relation to accounts.

Accordingly, with the consent and on the request of the parties, the parties are referred to the DIAC, where they shall appear before the learned Coordinator. The DIAC shall appoint a Chartered Accountant from its panel as a Sole Arbitrator. The fee and the procedure of arbitration shall be governed by the DIAC Rules. Petition disposed off.

Tags : DISPUTE   APPOINTMENT   ARBITRATOR  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved