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2024 Supreme(Online)(DEL) 6707

HIGH COURT OF DELHI
M/S LIVFAST BATTERIES PRIVATE LIMITED – Appellant
Versus
M/S SHREE DURGA ENTERPRISES & ANR. – Respondent


Advocates:
AMULYA DHINGRA

ORDER

% 21.02.2024 The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (herein referred to as “the A&C Act”) seeking the appointment of an Arbitral Tribunal comprising of a Sole Arbitrator to adjudicate the disputes inter se the parties.

The parties had entered into an authorised dealership/distributorship agreement dated 05.06.2018. Clause 21 of the agreement provides the arbitration clause. Learned counsel for petitioner submitted that in terms of that clause, they have already made an attempt for an amicable settlement by sending the notice dated 17.11.2022. However, the respondents vide their reply dated 05.12.2022 have denied their liability. In the reply, the respondents have also stated they are not agreeable to the nomination of an arbitrator of the choice of the petitioner.

Notice has already been issued to the respondent. As per the service report, the respondents have duly been served through email. The registered A/D has also been sent to the address given in the petition. The registered A/D has been sent to the same address on which the notice dated 17.11.2022 was sent. However, the respondents have chosen



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