ASHISH KAPUR & ANR. vs DEEPAK SETH & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 03rd FEBRUARY, 2025 IN THE MATTER OF: + ARB.P. 1524/2024 ASHISH KAPUR & ANR. .....Petitioners Through: Dr. Amit George, Ms. Bhargavi Kannan, Ms. Shivani Karmakar, Ms. Kavya Sarin, Advocates. versus DEEPAK SETH & ORS. .....Respondents Through: Mr. Prithvi Rohan Kapur and Ms. Payal Chandra, Advocates for Respondent Nos.1 to 3 CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT 1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 by the Petitioners seeking appointment of an Arbitrator to adjudicate upon the disputes which have arisen between the parties under the Arbitration Agreement dated 08.04.2024. The Arbitration Agreement dated 08.04.2024 reads as under: " ARBITRATION AGREEMENT 1. Certain disputes have arisen between Ashish Kapur, Meghana Kapur(wife of Ashish Kapur), Joydeep Singh, Terveeni Singh (wife of Joydeep Singh), and Deepak Seth (collectively referred to as 'Parties'), out of and on account of certain of the following contracts entered into between some or all of the Parties (collectively or individually referred to as 'Contract(s)'): Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA ARB.P. 1524/2024 Page 1 of 20 Signing Date:07.02.2025 19:50:48 We, ASHISH KAPUR (family group represented by Ashish Kapur), JOY DEEP SINGH (family group represented by Joy Deep Singh) and DEEPAK SETH, hereby agree to finally settle these disputes through a process of arbitration by a Tribunal constituted by a sole retired high court judge, under the Indian Arbitration Act, 1996. The seat of arbitration shall be New Delhi and the laws of Union of India shall be applicable to the substance of the dispute. The language of arbitration shall be English. Th