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2019 Supreme(Del) 1439

RAJIV SHAKDHER
Netplus Broadband Services Private Limited – Appellant
Versus
Cisco Systems Capital (India) Private Limited – Respondent


Advocates Appeared:
Punit K. Bhalla, Adv., Meneesha Dhir, Adv., Karan Batura, Adv.

JUDGMENT :

Rajiv Shakdher, J.

This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereafter referred to as "1996 Act"). The relief sought for by the petitioner is that an arbitrator be appointed since the respondent has failed to appoint an arbitrator despite a notice being served in that behalf on the respondent.

2. Concededly, the petitioner had invoked the arbitration agreement, which obtains in Clause 12.7 of the Master Lease and Financing Agreement dated 11.9.2015 (in short "Master Agreement") obtaining between the parties. Admittedly, Clause 12.7, which stands incorporated in the agreement gives respondent the right to appoint an Arbitrator.

3. The nub of the matter is as to whether the agreement encapsulates the dispute, which the petitioner seeks adjudication by the arbitrator. It is not disputed that pursuant to the execution of the Master Agreement, the parties entered into ten (10) lease agreements, whereby, the respondent had financed and thus facilitated the lease of the subject equipment to the petitioner. These ten (10) lease agre

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