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GURVINDER SINGH GILL
Shadowfax Technologies Pvt. Ltd. – Appellant
Versus
SAS Tech Pvt. Ltd. – Respondent
JUDGMENT :
GURVINDER SINGH GILL, J.
1. The petitioner has approached this Court seeking appointment of an Arbitrator in terms of provisions of Section 11 (6) of the Arbitration and Conciliation Act, 1996.
2. Notice of the petition had been issued. It is reported by the Registry that the respondent stands served. On the last date of hearing despite the fact that respondent already stood served, none had put in appearance. Even today, there is no appearance on behalf of the respondent. The respondent, as such, is proceeded against ex parte.
3. It is the case of the petitioner that an agreement had been entered into between the petitioner and the respondent, as per which the petitioner was to render some services to the respondent. The agreement specifically provided for resolution of dispute by way of arbitration as per Clause 17 of the said agreement. A dispute having arisen, the petitioner invoked notice and served a notice dated 02.12.2020 (Annexure P-6) but to no avail.
4. Keeping in view the specific provision for resolution of disputes by arbitration in the agreement and the respondent not having chosen to contest the petition, the instant petition is allowed.
5. Accordingly, Sh. Aru
The court's decision emphasized the appointment of an arbitrator and the allowance of all contentions to be urged and contested in the arbitral proceedings.
The court's authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.
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