HIGH COURT OF DELHI
MR. JUSTICE RAVINDER DUDEJA, J
M/S. JANKI MANAGEMENT CONSULTANTS PVT. LTD. – Appellant
Versus
M/S. SAMSUNG INDIA ELECTRONICS PVT. LTD. – Respondent
JUDGMENT :
RAVINDER DUDEJA, J.
1. The petition under Article 227 of the Constitution of India seeks to set aside the order dated 17.12.2024, passed by the Arbitral Tribunal, whereby, the right of the petitioner to file the Statement of Defence has been closed.
2. Factual background of the case is that petitioner and respondent entered into two overlapping agreements on 16.08.2017.
3. Respondent issued two termination letters dated 27.11.2018, in terms of clauses of the agreements.
3.1 Later on, on 18.03.2021, respondent issued notice invoking arbitration clause under the Authorized Service Centre Agreement dated 16.08.2017, claiming Rs. 12,16,769/- as outstanding.
4. On 04.11.2022, respondent filed Section 11 petition before this Court, seeking appointment of Arbitrator and for referring the disputes to Arbitral Tribunal. This Court vide order dated 24.03.2023, directed the parties to approach Delhi High Court Mediation Centre for amicable settlement, if possible, and in case of failure of mediation, the parties were at liberty to proceed before the Delhi International Arbitration Centre [“DIAC”] for conducting arbitration proceedings.
5. The mediation failed on 29.03.2023. Respondent app
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