Delhi High Court – Orders
Accelerate Productx Ventures Private … vs Samsara Retail Ventures on 6 March, 2025
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 1554/2024
ACCELERATE PRODUCTX VENTURES PRIVATE LIMITED
.....Petitioner
Through: Ms.Suneha Jain, Advocate
versus
SAMSARA RETAIL VENTURES .....Respondent
Through: Mr.Fahad Imztiaz and Mr.Ashish
Rohlania, Advocates
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 06.03.2025
1. By way of present petition filed under Sections 11(5) and 11(6) of the
Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the ‘A&C
Act’), the petitioner seeks constitution of an Arbitral Tribunal comprising of
a Sole Arbitrator, to adjudicate the disputes between the parties.
2. Learned counsels for the parties, who have joined the proceedings
through VC, submit that mediation efforts between them have not fructified.
3. Learned counsel for the petitioner submits that the parties had entered
into Franchise Agreement dated 29.03.2023, Clause 23.2 of the said
Agreement provides that disputes arising between the parties with respect to
the subject Agreement shall be resolved through arbitration. It further
stipulates that the venue and seat of arbitration shall be at New Delhi.
4. Disputes having arisen between the parties, the petitioner invoked
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arbitration vide notice dated 09.02.2024 issued to the respondent under
Section 21 of the A&C Act.
5. Learned counsel appearing for the respondent, on instructions,
submits that the answering respondent has no objection to the matter being
referred to arbitration.
6. At this stage, learned counsels for the parties, on instructions, jointly
pray that an Arbitrator may be appointed and the arbitration proceedings be
conducted under the aegis of Delhi International Arbitration Centre.
7. Considering that both the parties have consented to the reference of
their disputes to the Arbitral Tribunal, the present petition is disposed of
with the following directions:
i) The disputes between the parties under the said agreement are referred
to the Arbitral Tribunal.
ii) Mr. Shivam Sachdeva, Advocate (Mob.No. 9971358035) is appointed
as the Sole Arbitrator to adjudicate the disputes between the parties.
iii) The arbitration will be held under the aegis of the Delhi International
Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi
(hereinafter, referred to as the ‘DIAC’). The remuneration of the learned
Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators’
Fees) Rules, 2018 or as the parties may agree.
iv) The learned Arbitrator shall furnish a declaration in terms of Section
12 of the A&C Act prior to entering into the reference.
v) It is made clear that all the rights and contentions of the parties,
including on the existence and validity of the Arbitration agreement,
arbitrability of any of the claim/counter claim, any other preliminary
objection, need and legality of interim relief, as well as contentions on
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 06/03/2025 at 22:21:11
merits of the dispute by either of the parties, are left open for adjudication by
the learned arbitrator.
vi) The parties shall approach the learned Arbitrator within two weeks
from today.
8. Needless to state, the parties shall be at liberty to file their
claims/counter claims and raise all objections before the Arbitral Tribunal so
constituted.
MANOJ KUMAR OHRI, J
MARCH 6, 2025
na
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 06/03/2025 at 22:21:12
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