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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 36/2023
ALLCARGO LOGISTICS LTD ..... Petitioner
Through: Mr. Saket Agarwal with Ms.
Diptiman Acharyya, Advocates.
versus
AMIGO CONNECT ..... Respondent
Through: Mr. Vinod Sehrawat, Advocate via
video-conferencing.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R
% 29.02.2024
By way of the present petition under section 11(6) of the
Arbitration & Conciliation Act 1996 ( A&C Act ), the petitioner
„ ‟
seeks appointment of a Sole Arbitrator to adjudicate upon the disputes
that are stated to have arisen between the parties Word Order dated
nil .
„ ‟
2. Notice on this petition was issued on 19.04.2023; consequent
whereupon reply dated 26.05.2023 has been filed by the respondent.
3. As per the record, the petitioner invoked arbitration vide Notice dated
14.11.2022, to which the respondent has not sent any reply.
4. Insofar as affidavit dated 05.12.2023 filed in compliance of orders
dated 21.09.2023 and 06.12.2023 is concerned, as recorded in the
previous order dated 02.02.2024, that affidavit is no longer relevant
for the present proceedings since the affidavit was called-for in the
context of the stamping requirement for an arbitration agreement.
That issue need not engage this court any longer in view of the law as
now settled by the Supreme Court in In Re: Interplay between
ARB.P. 36/2023 Page 1 of 4
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Arbitration Agreements under the Arbitration & Conciliation Act,
1
1996 & the Indian Stamp Act, 1899 .
5. Mr. Vinod Sehrawat, learned counsel for the respondent submits that
the other objection to the present petition is that Work Order dated
nil issued by the respondent to the petitioner was not signed by
„ ‟ „ ‟
either of the parties. It is submitted that it is this Work Order that
purportedly contains the arbitration agreement, which stipulates that
arbitration shall take place in Delhi and also that the courts in Delhi
alone shall have the territorial jurisdiction in all matters relating to/or
arising from the work order.
6. It is noticed however that section 7 of the A&C Act, in particular
section 7(3) read with section 7(4) only require an arbitration
agreement to be “in writing”; and the provisions further stipulate that
an arbitration agreement is deemed to be in writing inter-alia if it is
contained in an exchange of telecommunication through electronic
means which provides a record of the agreement. Clearly therefore,
there is no legal requirement for an arbitration agreement to be
signed , though it is required to be in writing.
‘ ’
7. In view thereof after making some submissions, Mr. Sehrawat
submits that they are agreeable to the disputes being referred to
arbitration.
8. Upon a conspectus of the averments contained in the petition, the
stand taken by the respondent, and the submissions made, this court is
satisfied that there is a valid and subsisting arbitration agreement
1
2023 SCC OnLine SC 1666
ARB.P. 36/2023 Page 2 of 4
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between the parties; that this court has territorial jurisdiction to
entertain and decide the present petition; and also that the disputes
that are stated to have arisen between the parties, as set-out inter-alia
in invocation notice dated 14.11.2022, do not appear ex-facie to be
non-arbitrable.
9. At this stage, learned counsel for the parties also jointly request that
this court may appoint an arbitrator; and then refer the matter for
arbitration under the aegis of the Delhi International Arbitration
Centre, New Delhi ( DIAC ), keeping all their respective factual and
„ ‟
legal contentions open.
10. Accordingly, the present petition is allowed and Mr. Anandh
Venkataramani, Advocate (Cellphone No.: +91 9999791427) is
appointed as the learned Sole Arbitrator to adjudicate upon the
disputes between the parties; with arbitration proceedings to be
conducted under the aegis of the DIAC, in accordance with applicable
rules.
11. The learned Arbitrator would furnish to the parties requisite
disclosures as required under section 12 of the A&C Act; and in the
event there is any impediment to the appointment on that count, the
parties are given liberty to file an appropriate application in this court.
12. The learned Arbitrator shall then proceed with the arbitral
proceedings in accordance with the rules and regulations of DIAC and
subject to arbitrator s fee and arbitration costs, as may be applicable.
’
13. All rights and contentions of the parties in relation to the
claims/counter-claims are kept open, to be decided by the learned
Arbitrator on merits, in accordance with law.
ARB.P. 36/2023 Page 3 of 4
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14. A copy of this order be communicated forthwith to the Co-ordinator,
DIAC, for information and compliance.
15. A copy of this order be communicated by the Registry via e-mail to
the learned Arbitrator, as also to learned counsel for the parties.
16. The petition stands disposed-of in the above terms.
17. Pending applications, if any, also stand disposed-of.
ANUP JAIRAM BHAMBHANI, J
FEBRUARY 29, 2024
ds
ARB.P. 36/2023 Page 4 of 4
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 14/03/2024 at 11:24:31