Delivery Limited Vs. Far-Left Retail Private Limited (May 2024)
๐The parties to dispute entered into a service agreement and later on, the Respondent defaulted to pay the invoice amount of 8 L circa.
๐The petitioner sent emails on various dates communicating the outstanding payments including the demand notice. Though the Respondent admitted the payment overdue, failed to conclude the issue.
๐Consequently, the petitioner invoked the Arbitration clause and approached the Delhi High Court under section 11 of the A&C Act.
Whereas the Respondent raised following objections as follows:
๐Petitioner failed to initiate amicable settlement before invoking arbitration resulting in non-compliance to the terms of dispute resolution clause.
๐Further, the Respondent alleged that the service rendered was unsatisfactory.
The court observed the following:
ย โ๏ธ The Petitioner has sent various Emails and the legal notice, which was not even responded by the respondent. In fact, endeavor has been made by the petitioner, for an amicable settlement before initiating the Arbitration proceedings.
ย ๐จโโ๏ธ ๐บ๐๐๐๐๐ ๐๐๐๐๐๐๐๐๐ ๐๐ ๐๐๐๐๐๐ ๐๐ ๐๐๐ ๐๐๐๐๐๐๐๐๐๐๐๐๐ ๐๐ ๐๐๐๐๐๐๐, ๐๐ ๐๐ ๐๐๐ ๐๐๐๐๐๐, ๐๐๐๐๐ ๐๐๐ ๐๐๐๐๐๐๐ ๐๐๐ ๐๐ ๐๐ ๐๐๐๐๐๐๐ ๐๐ ๐๐๐๐๐ ๐๐๐๐๐๐ ๐๐๐ ๐๐๐๐๐๐๐ ๐จ๐๐๐๐๐๐๐๐๐.
โ๏ธ Considering the limited powers of court entertaining section 11 application and the valid Arbitration Agreement, the present application was and appointed an arbitrator.
Choose ADROIT as your Expert Advisor!
A-202 Oak Canopy, Trichy Road,
Coimbatore - 641 005,
Tamil Nadu, India.
Post Box 228, Postal Code 211,
Muscat - Oman.
This website has been designed only for the purposes of dissemination of basic information on ADROIT; information which is otherwise available on the internet, various public platforms and social media. Careful attention has been given to ensure that the information provided herein is accurate and up-to-date.
This website is not an attempt to advertise or solicit clients and does not seek to create or invite any lawyer-client relationship. The links provided on this website are to facilitate access to basic information on ADROIT, and, to share the various thought leadership initiatives undertaken by it. The content herein or on such links should not be construed as a legal reference or legal advice. Readers are advised not to act on any information contained herein or on the links and should refer to legal counsels and experts in their respective jurisdictions for further information and to determine its impact.