CIVIL APPEAL None on 30 December 2016

1. This is a petition filed under Section 11 of the Arbitration andConciliation Act, 1996 seeking appointment of an Arbitrator for resolution ofdisputes in consonance with the Service Agreement dated 30.12.2016 andAddendum Agreement dated 18.03.2021.

2. The facts are that the agreements relate to Maintenance Services forAIHP Towers and AIHP Horizon under which the petitioner providesintegrated facility management services to the respondent.

3. The arbitration clause is Clause 9 of the Addendum Agreement whichreads as under:

“Any dispute, controversy or claim between the Parties heretoarising out of or in connection with the Agreement, including thebreach, termination, or invalidity thereof shall be settled byarbitration under the Arbitration and Conciliation Act, 1996. Thearbitral tribunal shall consist of a sole arbitrator to be appointed mutually in accordance with the provisions of the Arbitration andConciliation Act, 1996 (as amended from time to time). Any arbitralaward shall be final and binding on the Parties. The seat and theplace of arbitration proceedings shall be New Delhi, India. Thelanguage of the arbitration shall be English. Only the courts of NewDelhi shall have exclusive jurisdiction.”

4. The petitioner filed a petition under Section 9 of the Arbitration andConciliation Act, 1996 being O.M.P.(I)(COMM.) 369/2024, wherein interimorders were passed in favour by the petitioner.

5. The petitioner invoked arbitration vide legal notice dated 28.10.2024and thereafter filed the present petition.

6. Mr. Puri, learned counsel for the respondent states that a reply has beenfiled. However, the same is not on record.

7. Copy of the reply has been handed over which is taken on record.

8. Further, Mr. Puri disputes the execution of the Addendum Agreement.9.He fairly states that this is an issue which the Arbitrator will decide asthe same requires evidence.

10. Additionally, he states that in the order dated 29.10.2024, thepetitioners have themselves stated that they were not seeking specificperformance of the agreement/addendum and only seeking enforcement of anegative covenant.

11. However, the same has been expanded in the scope of the referencebefore the Arbitrator.

12. To my mind, this again is an issue which will be decided by theArbitrator.

13. For the said reasons, the petition is allowed with the following terms and conditions:

i)Ms. Maninder Acharya, Sr. Adv.(Mob. No. [REDACTED]) isappointed as a Sole Arbitrator to adjudicate the disputesbetween the parties.appointed as a Sole Arbitrator to adjudicate the disputesbetween the parties.

ii)The arbitration will be held under the aegis and rules of theDelhi International Arbitration Centre, Delhi High Court, SherShah Road, New Delhi (hereinafter, referred to as the ‘DIAC’).Delhi International Arbitration Centre, Delhi High Court, SherShah Road, New Delhi (hereinafter, referred to as the ‘DIAC’).

iii)The remuneration of the learned Arbitrator shall be in terms ofDIAC (Administrative Cost and Arbitrators’ Fees) Rules, 2018.DIAC (Administrative Cost and Arbitrators’ Fees) Rules, 2018.

iv)The learned Arbitrator is requested to furnish a declaration interms of Section 12 of the Act prior to entering into thereference.terms of Section 12 of the Act prior to entering into thereference.

v)It is made clear that all the rights and contentions of the parties,including as to the arbitrability of any of the claim, any otherpreliminary objection, as well as claims/counter-claims andmerits of the dispute of either of the parties as well as the issuesenumerated above including the breach of the order dated29.10.2024 are left open for adjudication by the learnedarbitrator.including as to the arbitrability of any of the claim, any otherpreliminary objection, as well as claims/counter-claims andmerits of the dispute of either of the parties as well as the issuesenumerated above including the breach of the order dated29.10.2024 are left open for adjudication by the learnedarbitrator.

vi)The parties shall approach the learned Arbitrator within twoweeks from today.weeks from today.

14. The present petition is disposed of in the aforesaid terms.

MAY 9, 2025/DM

JASMEET SINGH, J

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