Neutral Citation Number: 2023/DHC/000569

ARB.P. 1148/2022 Page 1 of 5

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IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of decision: 23.01.2023

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ARB.P. 1148/2022

ALTF SPACES PRIVATE LIMITED THROUGH ITS

AUTHORIZED REPRESENTATIVE MS URVI ..... Petitioner

Through:

Mr. Abhay Pratap Singh, Adv.

versus

HOMESTORE18 THROUGH ITS PROPRIETOR MR BHARAT

SHARMA

..... Respondent

Through:

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

SACHIN DATTA, J. (ORAL)

1.

None appears for the respondent, despite service. Even on the last

date of hearing, there was no appearance on the part of the respondent.

2.

The present petition seeks appointment of a Sole Arbitrator to

adjudicate the disputes between the parties. It is contended that the

respondent approached the petitioner to avail its services i.e. use of

co-working spaces and other ancillary services such as internet connection,

data security, assets security and surveillance, firewall, furniture,

maintenance, electricity and power back-up, etc. at its premises referred to

in the petition.

3.

It is submitted that the petitioner accepted the membership

application, after the respondent duly filled and submitted the petitioner‟s

company‟s„Joining Form‟, agreeing to utilize 44 seats in one team room in

Digitally Signed

By:RADHA BISHT

Signing Date:25.01.2023

18:51:10

Signature Not Verified

Neutral Citation Number: 2023/DHC/000569

ARB.P. 1148/2022 Page 2 of 5

the aforementioned premises from 10.03.2022, on the prescribed terms and

conditions stipulated therein.

4.

The “Terms of Use” which were in a hyperlink contained in the

“Joining Form”, were agreed upon by the respondent while submitting the

said „Joining Form‟. The said “Terms of Use” contain an arbitration clause

in the following terms:

“20. Governing Law and Jurisdiction

21. Arbitration





award of the arbitrator shall be final and binding on the Parties.”

5.

Learned counsel for the petitioner relies upon the following

judgments to contend that the arbitration clause contained in the “Terms of

Use”, electronically submitted and agreed upon by the respondent, can be

validly invoked by the petitioner:

(i) Shakti Bhog Foods Ltd. Vs. Kola Shipping Ltd. 2008 SCC OnLine SC

1447;

Digitally Signed

By:RADHA BISHT

Signing Date:25.01.2023

18:51:10

Signature Not Verified

Neutral Citation Number: 2023/DHC/000569

ARB.P. 1148/2022 Page 3 of 5

(ii) Trimex International FZE Limited, Dubai vs. Vedanta Aluminum

Limited, India, 2010 SCC On Line SC 214;

(iii) Vidya Drolia and Ors., vs. Durga Trading Corporation, in Civil

Appeal No.2402/2019 (SC);

(iv) Oyo Hotels and Homes Private Limited vs. Ace Hospitality and Allied

Services & Anr. In Arb.P. 66/2021 (DHC); and

(v)

Ingram Micro India Pvt. Ltd. vs. Mohit Raghuram Hegde

Proprietor Creative Infotech, in Commercial Arbitration Application

No.235/2021 (BHC).

6.

In Oyo Hotels (Supra), it has been held by this court as under:

“2.

raised therein.”

Digitally Signed

By:RADHA BISHT

Signing Date:25.01.2023

18:51:10

Signature Not Verified

Neutral Citation Number: 2023/DHC/000569

ARB.P. 1148/2022 Page 4 of 5

7.

Further, the Bombay High Court in the case of Ingram Micro India

Pvt. Ltd. (supra), while dealing with a similar case, involving an arbitration

agreement contained in the “Terms of Use”, agreed to by the parties while

submitting an online form, held as under:

be entered. …”

8.

Accordingly, a Sole Arbitrator is liable to be appointed to adjudicate

the disputes between the parties. It is rightly contended by learned counsel

for the petitioner that in terms of the judgment of Supreme Court in Perkins

Eastman Architects DPC vs. HSCC (India) Ltd.