SANJEEV SACHDEVA
Sudhir Power Projects Ltd – Appellant
Versus
Unipower Projects Pvt. Ltd. – Respondent
JUDGMENT
Sanjeev Sachdeva, J. - Petitioner seeks appointment of an arbitrator under Section 11(5) of the arbitration & Conciliation act, 1996.
2. It is contended that the parties had entered into an agreement and a work order was placed on the respondent dated 11.06.2021 which contains an arbitration clause.
3. The arbitration Clause 19 reads as under: -
'19. Dispute Resolution / arbitration & jurisdiction:
any dispute or difference whatsoever arising betweenthe parties out of or relating to the construction, meaning, scope operation or effect of this contract or the validity or the breach thereof shall be settled by arbitration in accordance with arbitration and Conciliation act, 1996 and the award made in pursuance thereof shall be binding on the parties. The dispute shall bereferred to the arbitration of Sole arbitrator to be appointed by CMD/MD of SPPL, whereas Seat and venue of the arbitration shall be New Delhi/Gurugram and the proceedings shall be undertaken in English.'
4. Learned counsel for the petitioner submits that the registered office of both petitioner as well as respondent is in Delhi and accordingly petitioner has exercised the option to approach the Courts at Delhi
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