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HIGH COURT OF DELHI
MR. JUSTICE MANOJ KUMAR OHRI, J
SPREE HOTELS AND REAL ESTATE PVT LTD – Appellant
Versus
M/S ANR INN PVT LTD – Respondent
| Table of Content |
|---|
| 1. petition for appointment of sole arbitrator (Para 1) |
| 2. counsel submits agreements provide for arbitration (Para 2 , 3) |
| 3. respondent agreeable to mediation (Para 4 , 5) |
| 4. parties agree to mediation first (Para 6 , 7) |
| 5. matter referred to mediation with arbitration fallback (Para 8 , 9) |
ORDER :
1. By way of present petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the ‘A&C Act’), the petitioner seeks appointment of Arbitral Tribunal comprising of a Sole arbitrator, to adjudicate upon the disputes between the parties.
2. Learned counsel for the petitioner submits that the parties entered into Agreements dated 31.08.2020, Clauses 15 & 16 of which provide that disputes with respect to the Agreements shall be resolved through arbitration, to be held in accordance with provisions of the A&C Act. It further provides for the place of arbitration to be at Delhi.
3. Disputes having arisen between the parties, petitioner invoked arbitration vide notice dated 26.04.2024, issued under Section 21 of the A&C Act.
4. Learned counsel for the respondent submits that without prejudice to its rights and contentions, the answering
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