WANNAMO MARKETING PRIVATE LIMITED vs HOUSE OF FITNESS PRIVATE LIMITED

Judgment text excerpt

$~O-3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 2089/2024 Date of Decision: 26.03.2025 IN THE MATTER OF: WANNAMO MARKETING PRIVATE LIMITED .....Petitioner Through: Mr.Tuhin Batra, Advocate. versus HOUSE OF FITNESS PRIVATE LIMITED .....Respondent Through: Ms.Neha Jain, Advocate. HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) 1. The petitioner in the instant petition prays for the following reliefs:- “a. Appoint a Sole Arbitrator to adjudicate the pending disputes between the Petitioner and Respondent. b. Pass any other order as it may deem fit under the facts and circumstances of the case and in interest of justice.” 2. As per the case set up by the petitioner, on 23.05.2022, a Service Agreement was entered for procuring its services-‘SingleInterface’ which are primarily SaaS (Software as a Service) hyper-local digital marketing and allied services on a monthly subscription basis. Signature Not Verified Signature Not Verified Digitally Signed By:PRIYA Digitally Signed Signing Date:28.03.2025 By:PURUSHAINDRA 16:23:52 KUMAR KAURAV 3. As per the said Agreement, the respondent was required to pay monthly service fee at the end of each calendar month. The petitioner states that it raised the invoices for the Services commencing from 23.05.2022 and the Respondent paid the invoices for the Services until July 2022. The petitioner then contends that from August 2022 onwards until December 2022, the respondent completely failed to make any payment for petitioner's invoices. The Service Agreement was however terminated by the petitioner due to non-payment of Fee by the respondent after December 2022. 4. It was contended when the payment was not made, the petitioner on 13.03.2023 vide email communication requested the responden