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2023 Supreme(Del) 13

SACHIN DATTA
Altf Spaces Private Limited Through Its Authorized Representative Ms Urvi – Appellant
Versus
Homestore18 Through Its Proprietor Mr. Bharat Sharma – Respondent


Advocates Appeared:
For the Petitioner: Mr. Abhay Pratap Singh.

JUDGMENT :

[Sachin Datta, J.]

1. None appears for the respondent, despite service. Even on the last date of hearing, there was no appearance on the part of the respondent.

2. The present petition seeks appointment of a Sole Arbitrator to adjudicate the disputes between the parties. It is contended that the respondent approached the petitioner to avail its services i.e. use of co-working spaces and other ancillary services such as internet connection, data security, assets security and surveillance, firewall, furniture, maintenance, electricity and power back-up, etc. at its premises referred to in the petition.

3. It is submitted that the petitioner accepted the membership application, after the respondent duly filled and submitted the petitioner’s company’s ‘Joining Form’, agreeing to utilize 44 seats in one team room in the aforementioned premises from 10.03.2022, on the prescribed terms and conditions stipulated therein.

4. The “Terms of Use” which were in a hyperlink contained in the “Joining Form”, were agreed upon by the respondent while submitting the said ‘Joining Form’. The said “Terms of Use” contain an arbitration clause in the following terms:

    “20. Governing Law and Jur

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