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DELHI HIGH COURT
MUKTA GUPTA
Foomill Pvt. Ltd. – Appellant
Versus
Affle (India) Ltd. – Respondent
| Table of Content |
|---|
| 1. petitioner seeks appointment of arbitrator. (Para 1 , 2) |
| 2. clause scrutiny of agreement terms. (Para 3 , 4) |
| 3. existence of arbitration agreement discussed. (Para 5) |
| 4. mere mention of arbitration not binding. (Para 6) |
| 5. petition dismissed — no grounds for arbitration. (Para 7) |
| 6. application deemed infructuous. (Para 8) |
JUDGMENT
Mukta Gupta, J.
ARB.P. 325/2022
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
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