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Windlas Biotech Ltd vs Delius Pharmaceuticals Pvt. Ltd. & Another

Uttarakhand High Court · Decided on 4 August 2023 · Citation: (2023) 08 UK CK 0020

HON’BLE JUDGES
Vipin Sanghi, CJ
ACTS & SECTIONS REFERRED
Arbitration And Conciliation Act, 1996 — Section 11(6)
RESULT
Disposed Of
CASE NUMBER
Arbitration Application No. 31 Of 2023
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Judgment

10 paragraphs · 315 words

Vipin Sanghi, CJ

1.

This application has been preferred by the applicant under Section 11(6) of the Arbitration and Conciliation Act, 1996, to seek appointment of the sole Arbitrator to decide the disputes between the parties, as per Clause 16 of the Manufacturing Agreement dated 27.05.2022, since the disputes have arisen between the parties.

2.

Under the said agreement, the applicant- Windlas Biotech Ltd. agreed to manufacture, for the respondents, certain medicinal preparations. The agreement provides for settlement of disputes through arbitration in Clause 16. The same provides that the disputes between the parties shall be settled through arbitration and the seat of arbitration shall be at Dehradun.

3.

Disputes arose between the parties, and consequently, the applicant invoked the arbitration agreement vide notice dated 03.04.2023. Despite invocation of arbitration agreement, the parties have not been able to appoint an Arbitrator, and consequently, this arbitration application was preferred.

4.

The respondents have filed their reply. The respondents do not dispute the factum of the parties entering into the agreement, and also the fact that the same contains an arbitration clause. In fact, the respondents are proposed the names of a few Retired Judges of High Court of Delhi, one of whom could be appointed as an Arbitrator.

5.

In the light of the aforesaid, I am inclined to allow this application.

6.

Accordingly, this application is allowed, and I appoint Mr. Justice Najmi Waziri, Retired Judge, High Court of Delhi (Mobile No.9810097311), to act as the sole Arbitrator to adjudicate the disputes between the parties, under the aforesaid Agreement/ Contract.

7.

The learned Arbitrator may conduct the proceedings virtually, and if necessary, the same be held at Dehradun. The seat of Arbitration shall, however, remain at Dehradun in terms of the agreement between the parties.

8.

The present application stands disposed of in the aforesaid terms.

9.

Pending application, if any, also stands disposed of.