HIGH COURT OF DELHI
MR. JUSTICE MANOJ KUMAR OHRI, J
IDEMIA SYSCOM INDIA PRIVATE LIMITED – Appellant
Versus
M/S CONJOINIX TOTAL SOLUTIONS PRIVATE LIMITED – Respondent
| Table of Content |
|---|
| 1. petitioner seeks appointment of arbitrator (Para 1) |
| 2. petitioner alleges breach of agreement (Para 2) |
| 3. respondent proposed arbitrator (Para 3) |
| 4. respondent initiated msmed proceedings (Para 4) |
| 5. respondent opposes petition (Para 5) |
| 6. petitioner counters respondent's claims (Para 6) |
| 7. petitioner argues contract is works contract (Para 7) |
| 8. respondent claims contract is service contract (Para 8 , 9) |
| 9. court hears arguments (Para 10) |
| 10. msmed act facilitates msmes (Para 11) |
| 11. msmed act provisions explained (Para 12 , 13 , 14 , 15 , 16) |
| 12. petition dismissed (Para 17) |
JUDGMENT :
1. By way of present petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the „A&C Act‟), the petitioner seeks appointment of Arbitral Tribunal (hereafter, referred to as „AT‟) comprising of a Sole Arbitrator, to adjudicate the disputes between the parties.
2. Petitioner has invoked Clause 8.2 of Service Framework Agreement dated 09.02.2022 (hereafter, referred to as “contract”), that the parties have executed under which the respondent was engaged by the petitioner for providing certain IT services in a project awarded to the petitioner by
Gujarat State Civil Supplies Corpn. Ltd. v. Mahakali Foods (P) Ltd.
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