SANWAR AGARWAL vs DORA MEDICAL TRADING (INDIA) PVT. LTD,

Judgment text excerpt

$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 25th, August, 2025 + CM(M) 1591/2025 & CM APPL. 52496-52498/2025 SANWAR AGARWAL .....Petitioner Through: Mr. Deepnath Roy Chowdhary with Mr. Bhaskar Dwivedi, Mr. Pinaki, Advocates. versus DORA MEDICAL TRADING (INDIA) PVT. LTD, .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending Arbitral proceedings and during the pendency of the arbitral proceedings, an issue with respect to seat and venue of the Arbitration arose. 2. Admittedly, there was an “Import Agent Service Agreement” dated 16.09.2019 between the parties. Clause 15 of said agreement, as agreed between the parties, was to the following effect:- “All disputes arising from the execution of or in connection with this agreement shall be settled through friendly consultation between the parties. If no settlement can be reached through consultation within forty-five (45) days after either party has given written notice to the other party of the existence of a dispute under this article. The dispute shall be submitted to arbitration with Indian Council of Arbitration (ICA) in India according to its arbitration rules enforce at that point of time” 3. According to learned counsel for petitioner/non-claimant, Rule 42 of (ICA) Rules of Domestic Commercial Arbitration, as was informed to them, was as under:- “The place or venue of arbitration shall be India. The Arbitration proceedings shall be held at such place or places in India as the Arbitral Tribunal may determine having regard to the convenience of the Arbitrators and the parties.” Signature Not Verified Digitally Signed CM(M) 1591/2025 1 By:DINESH CHANDRA Signing Date:26.08.2025 10:47:36 4. Thus, according to him, as per the abovesaid R