The Delhi High Court requested the Delhi International Arbitration Centre to appoint an Arbitrator for adjudication of disputes between Delhivery Limited, a logistic service provider and Far Left Retail private ltd, a home decor products company.

The Court was hearing a petition under Section 11(5) of the Arbitration & Conciliation Act, 1996 for the appointment of a Sole Arbitrator.

The bench of Justice Neena Bansal Krishna observed, “The Coordinator, Delhi International Arbitration Centre is requested to appoint an Arbitrator in accordance with the provisions of the Act, 1996 for adjudication of the disputes between the parties.”

Brief Facts-

The petitioner, Delhivery Limited entered into a Service Agreement with the respondent, Far Left Retail Private Limited. The respondent failed to make payments for the invoices raised by the petitioner as per the agreement's terms. Despite multiple email communications from the petitioner and admissions of arrears by the respondent, no payment was made. A demand notice and a subsequent notice invoking arbitration under the Service Agreement were also ignored by the respondent. Consequently, the petitioner has filed this petition to resolve the payment dispute.

The Court noted that there are various emails and legal notices that have been placed on record sent by the petitioner but have not been responded to by the respondent.

The Court also noted that the endeavour has been made by the petitioner, for an amicable settlement before initiating the Arbitration proceedings.

Accordingly, the Court said that sufficient compliance with the Arbitration Clause has been made.

Finally, the Court allowed the Arbitration Petition.

Cause Title: Delhivery limited v. Far Left Retail Pvt. ltd. (Neutral Citation: 2024: DHC: 4123)
Appearance:
Adv. Sukrit R. Kapoor and Adv. Aviral Tripathi