SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Del) 160

MUKTA GUPTA
Foomill Pvt. Ltd. – Appellant
Versus
Affle (India) Ltd. – Respondent


Advocates Appeared:
Mr.Rajiv Kr.Choudhary, Advocate With Mr.Manash Barman, Advocate, for the Appellant, Mr.Kapil Madan, Advocate With Ms.Ramya Verma, Advocate, for the Respondent.

ORDER

1. By this petition, the petitioner seeks appointment of an Arbitrator for resolving the disputes in relation to the software development arising out of the agreement dated 29th July 2021 between the parties and costs.

2. According to the petitioner, the petitioner and the respondent entered into a Master Service Agreement on 29th July 2021. After the start of the project, the petitioner raised concerns due to the delay on the part of the respondent. On 3rd December 2021, the petitioner wrote an email to the respondent to resolve all differences amicably by dialogue. On 6th December 2021, the respondent informed the petitioner that there is an 'expectation mismatch' and therefore, the 'project is put on hold'. The respondent introduced a new person for communication with the petitioner and showed no intent of resolving the issues flagged by the petitioner. Hence, on 8th February 2022, the petitioner sent a legal notice to the respondent invoking arbitration. The respondent replied to the legal notice of the petitioner on 13th February 2022 stating that there was no arbitration agreement between the parties.

3. Clause 11 of the Master Service Agreement dated 29th July 2021 betwee

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon telegram-icon
      whatsapp-icon Back to top