$~O-2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 2052/2024 WANNAMO MARKETING PRIVATE LIMITED .....Petitioner Through: Mr. Tuhin Batra, Adv. versus THE THICK SHAKE FACTORY PRIVATE LIMITED .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 29.01.2025 1. The petitioner has placed on record an affidavit of service and the following averments have been made in paragraph Nos.2 to 4:- “2. That the following copies has been served to the Respondent (i) Copy of Petition filed under Section 11 of Arbitration and Conciliation Act, 1996 ii ) Copy of the order dated 17.12.2024 (iii) Copy of Summons dated 24. 12.2024 as prepared by this Hon'ble Court. These copies have been served to the Respondent through Mr. Ashwin Ananth Nag Mocherla on Email <ashwin@tsfin> as mentioned in Clause 11.5 of the Service OVT. OF Bicement (Page No. 47 of the Petition); Mr. Yeshwant Nag Mocherla on Email <yesh@ttsf.in>; Respondent's Accounts department on Email <accounts@ttsf.in>, Emails to aforesaid addressees were successfully delivered on 08.01.2025 at 7:05pm. A copy of the said e-mail is eclosed herewith as Annexure -I. 3. The abovesaid copies are also served to the respondent through Posts and couriers on the addresses (i) H. No.-13-1-229, Plot No. 67, Balaji Swamapuri Colony, Mothi Nagar, Hyderabad, Telangana- 500018, (ii) 3rd Floor, Win Win Towers, Prince Drivein backside line, Opp. H.P. Petrol Pump, Madhapur, Telangana- 500081 and (iii) 3rd Floor, Unit- D4, Sy. No. 18, Block- D, Khanamet, Sidhi Vinayaka Nagar, Madhapur, Hyderabad, Rangareddy, Telangana- 500081. The summons sent through Speed Post bearing number -[SU001573155IN] This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/02/2025 at 14:37:32 was successfully delivered on 13-01- 2025 at 6:54pm on address "H. No.-13-1-229, Plot No. 67, Balaji Swamapuri Colony, Mothi Nagar, Hyderabad, Telangana- 500018" which is also the address mentioned in Clause 11.5 of the Service agreement (Page No. 4 7 of the Petition) and the posts on other two addresses are returned. The summons sent through couriers are yet to be delivered as per the tracking reports. Copies of said tracking reports of posts and couriers, are enclosed herewith as Annexure-H. 4. That the emails <yesh@ttsf.in> and <accounts@ttsf.in> have not bounced back and the summons sent through Speed Post bearing number [SU001573155IN] was successfully delivered on 13-01-2025 at 6:54pm on address "H. No.-13-1-229, Plot No. 67, Balaji Swamapuri Colony, Mothi Nagar, Hyderabad, Telangana- 500018" which is also the address mentioned in Clause 11.5 of the Service agreement (Page No. 47 of the Petition). Therefore, the service is complete on the Respondent. That no part of this affidavit is false and no material facts have been concealed there from” 2. It is thus seen that the service of notice has been made through e-mail and speed post on the address which was forming a part of the agreement. 3. In view of the aforesaid, service stands completed and since none has appeared for the respondent, the defendant is proceeded ex parte in present lis. 4. It is seen that the parties have executed a Service Agreement dated 18.11.2022, whereby the petitioner agreed to provide its hyper-local marketing services to fix the marketing and online publication of the respondent's physical stores and outlets. It is the case of the petitioners that 1,83,490/- is payable and overdue by the respondent along with the applicable delay interest at the rate 1.5% p.a. 5. Clause 11.7 of the agreement dated 18.11.2022 clearly contains arbitration clause and the same reads as under: “Arbitration: If any dispute, difference, claim or controversy (the "Dispute") arises between the Parties about the validity, interpretation, implementation or alleged breach of any provision of this Agreement, the Parties shall make efforts to negotiate in good faith and resolve the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/02/2025 at 14:37:32 Dispute(s) within 30 days of its communication by either Party. Upon failure of Parties to mutually resolve the Dispute, the same shall be referred to a sole arbitrator mutually appointed by the Parties. The .arbitration proceedings shall be governed by the Arbitration & Conciliation Act, 1996, as amended. The Arbitral proceedings shall be concluded within 90 (ninety) days from a valid appointment of the sole arbitrator. The seat and venue of arbitration shall be at Nevv Delhi, India. The award of arbitrator shall be final and binding on the Parties” 6. In view of the aforesaid, the Court finds that the parties unequivocally agreed for ventilation of their grievance by way of Arbitration under Clause 11.7 of the agreement dated 18.11.2022. Since the existence of the arbitration clause is evident from a perusal of the Agreement, there is no impediment in appointing an independent Sole Arbitrator for adjudicating the disputes between the parties as prayed for, as mandated in terms of the judgments of the Supreme Court in Perkins Eastman Architects DPC v. HSCC (India) Ltd.,1 TRF Limited v. Energo Engineering Projects Ltd.,2 Bharat Broadband Network Limited v. United Telecoms Limited.,3 and Interplay between Arbitration Agreements under the Arbitration & Conciliation Act, 1996 & the Indian Stamp Act, 18994. 7. In view of the aforesaid, the Court appoints Mr. Aviral Saxena, Advocate (Mob No.+91-9990589126, Email- chambers.aviralsaxena@gmail.com) as the Sole Arbitrator to adjudicate the dispute between the parties. 8. The Sole Arbitrator may proceed with the arbitration proceedings, subject to furnishing to the parties, requisite disclosures as required under 1 (2020) 20 SCC 760 2 (2017) 8 SCC 377 3 2019 SCC OnLine SC 547 4 In re, 2023 SCC OnLine SC 1666. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/02/2025 at 14:37:32 Section 12 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as “A&C Act”). 9. The Sole Arbitrator shall be entitled to fee in accordance with the IVth Schedule of the A&C Act; or as may otherwise be agreed to between the parties and the learned Sole Arbitrator. 10. The parties shall share the arbitrator's fee and arbitral cost, equally. 11. All rights and contentions of the parties in relation to the claims/counterclaims are kept open, to be decided by the Sole Arbitrator on their merits, in accordance with law. 12. Needless to say, nothing in this order shall be construed as an expression of opinion of this Court on the merits of the controversy between the parties. All rights and contentions of the parties in this regard are reserved. Let the copy of the said order be sent to the newly appointed Arbitrator through the electronic mode as well. 13. Accordingly, the instant petitions stand disposed of. PURUSHAINDRA KUMAR KAURAV, J JANUARY 29, 2025/P/MJO Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/02/2025 at 14:37:32