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

2023 Supreme(Del) 871

NAVIN CHAWLA
SMS Auto Leasing India Private Limited – Appellant
Versus
New Morning Star Travels – Respondent


Advocates appeared:
Mr. Udit Sharma, Mr.Bhuvnesh Satiya, Advocates, for the Petitioner.
Mr. Anish Agarwal & Mr. Abhishek Yadav, Advocates, for the Respondent.

JUDGMENT

Navin Chawla, J. (Oral)

1. This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') seeking appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the 'Master Lease Agreement' dated 13.12.2018 (hereinafter referred to as the 'MLA') executed between the parties.

2. The Arbitration Agreement between the parties is contained in Clause 25.1 of the MLA, which is reproduced herein below:

    "25. 1 Dispute Resolution

    (i) If any dispute arises between the Parties during the Agreement Term or thereafter, in connection with the validity, interpretation, implementation or alleged material breach of any provision of this Agreement or regarding any question, including the question as to whether the termination of this Agreement by one party has been legitimate, the Parties shall endeavour to settle such dispute amicably within 30 (thirty) days of a dispute being raised by a Party and brought to the attention of the other Party ("Consultation Period").

    (ii) However, in case the dispute still persists and is not amicably resolved with the Consultation Period, both

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