Supreme Court – Daily Orders
M/S Jones Lang Lasalle Property … vs Interups Inc on 7 March, 2025
Author: Sanjay Kumar
Bench: Sanjay Kumar
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
ARBITRATION PETITION NO. 64/2023
M/S JONES LANG LASALLE PROPERTY ..... APPELLANT(S)
CONSULTANTS (INDIA) PRIVATE LIMITED
VERSUS
INTERUPS INC. ..... RESPONDENT(S)
O R D E R
This petition, under Section 11(4) and 11(6) of the
Arbitration and Conciliation Act, 1996,1 was filed by the
petitioner, M/s. Jones Lang Lasalle Property Consultants (India)
Private Limited, a company incorporated in India, while the
respondent, Interups Inc., is a public company based in New York,
United States of America.
The parties have entered into Service Provider Mandate
Agreement dated 20.11.2020, which has the following clause: –
“a. All disputes and differences arising out of or in
connection with the Agreement shall be referred for
arbitration under the provisions of the then
prevailing Indian Arbitration and Conciliation Act,
1996. The Parties agree that the seat of arbitration
Signature Not Verified shall be at Mumbai and the arbitral proceedings shall
Digitally signed by
babita pandey
Date: 2025.03.10
13:03:55 IST
be conducted by a sole arbitrator to be appointed by
Reason:1 For short, the “1996 Act”.
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the Parties mutually within 15 (Fifteen) days from
the date of the first recommendation for an
arbitrator in written form from a Party to the other
Party. If the Parties fail to decide on the sole
arbitrator within the stipulated period of 15
(Fifteen) days the sole arbitrator shall be appointed
in accordance with the provisions of the then
prevailing Indian Arbitration and Conciliation Act,
1996. The arbitration proceedings shall be conducted
in the English language.
b. This Agreement is governed by the laws of India.
The Parties agree to submit to the exclusive
jurisdiction of the courts of Mumbai alone.
c. This Clause shall survive any termination or
expiry of this Agreement.”
Notice of the present petition was served upon the respondent
pursuant to the order dated 20.11.2023. As per the office report,
none has entered appearance on behalf of the respondent.
Accordingly, the respondent is proceeded ex parte.
In view of the averments made in the present petition, but
without commenting on the merits of the case, the petition for
appointment of an Arbitrator is allowed.
Ms. Madhavi Divan, Senior Advocate of this Court, is
appointed as the sole Arbitrator to decide the disputes inter se
the parties. The learned Arbitrator shall file her
declaration/disclosure, in terms of Section 12 of the Act, within a
period of fifteen days from the date a copy of this order is
received by her. She would be entitled to fee as prescribed by the
2
Schedule fixed for international arbitrations by the Delhi
International Arbitration Centre.
Pending application(s), if any, shall stand disposed of.
…………….CJI.
(SANJIV KHANNA)
………………J.
(SANJAY KUMAR)
NEW DELHI;
MARCH 07, 2025.
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ITEM NO.3 COURT NO.1 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
ARBITRATION PETITION NO. 64/2023
M/S JONES LANG LASALLE PROPERTY ..... APPELLANT(S)
CONSULTANTS (INDIA) PRIVATE LIMITED
VERSUS
INTERUPS INC. ….. RESPONDENT(S)
Date : 07-03-2025 This matter was called on for hearing today.
CORAM :
HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE SANJAY KUMARFor Petitioner(s) Mr. Rajeev Kumar Panday, Adv.
Mr. Rajeev Maheshwaranand Roy, AOR
Mr. P Srinivasan, Adv.
For Respondent(s)
UPON hearing the counsel, the Court made the following
O R D E RThe petition is allowed in terms of the signed order.
(BABITA PANDEY) (ANJALI PANWAR)
AR-CUM-PS COURT MASTER (NSH)
(Signed order is placed on the file)
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