INDIAN HANDICRAFTS Vs. ANA DESIGNWORX PVT. LTD.

JUDGEMENT

(1.) Heard Shri Jitendra Kumar Singh, learned counsel for the applicant and Shri Abhishek Tiwari, learned counsel for the non-applicant.

(2.) Present application has been filed under Sec. 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) seeking appointment of an independent arbitrator for resolution of an arbitrable dispute that has arisen between the parties under the Contract Agreement dtd. 28/1/2019 - for Expansion Plan of Head Office, Remodelling at Rooftop & Mezzanine Floor of Factory and Opening of Customer Experience Centre.

(3.) Relying on Clause 20 of the Standard Terms and Conditions of the Contract as applicable to the parties and the statutory notice dtd. 10/10/2022, applicant seeks appointment of an independent arbitrator. In that, it has been further submitted, earlier the applicant had instituted Suit No. CS (Comm) No. 297/2020. That came to be dismissed vide order dtd. 3/6/2022. Thus, the statutory notice dtd. 10/10/2022 is described to have been served within limitation.