IDEMIA SYSCOM INDIA PRIVATE LIMITED vs M/S CONJOINIX TOTAL SOLUTIONS PRIVATE LIMITED

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 21.01.2025 Pronounced on : 24.02.2025 + ARB.P. 1284/2024 IDEMIA SYSCOM INDIA PRIVATE LIMITED.....Petitioner Through: Mr. Prateek Kumar and Mr. Shivam Grover, Advocates. versus M/S CONJOINIX TOTAL SOLUTIONS PRIVATE LIMITED .....Respondent Through: Mr. M.P. Sahay, Ms. Yaman Verma, Ms. Khushboo, Mr. Kartik Jindal and Ms. Chitra Chanda, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. By way of present petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the „A&C Act‟), the petitioner seeks appointment of Arbitral Tribunal (hereafter, referred to as „AT‟) comprising of a Sole Arbitrator, to adjudicate the disputes between the parties. 2. Petitioner has invoked Clause 8.2 of Service Framework Agreement dated 09.02.2022 (hereafter, referred to as “contract”), that the parties have executed under which the respondent was engaged by the petitioner for providing certain IT services in a project awarded to the petitioner by the Signature Not Verified Digitally Signed ARB.P. 1284/2024 Page 1 of 10 By:GAUTAM ASWAL Signing Date:24.02.2025 19:03:09 State Transport Department, Orissa, for tracking of commercial vehicles. Petitioner has alleged breach and non- performance of the agreement by the respondent, which has resulted in disputes between them. 3. Petitioner states that arbitration was invoked by the respondent vide email dated 01.07.2024, wherein it had proposed the name of Ms. Shilpa Dogra as the Sole Arbitrator, to which the petitioner had some reservations, and the arbitrator could not be appointed. Petitioner is therefore seeking the court‟s intervention in the appointment of the arbitrator. 4. It has been informed to this Court, that since the f