M/S PVR LIMITED  Vs S.N. CINEMA PVT. LTD & ORS. -Judgment by Delhi High Court

$~1 & 46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 25th April, 2022

+ ARB.P. 24/2022

M/S PVR LIMITED ….. Petitioner
versus

S.N. CINEMA PVT. LTD & ORS. ….. Respondent
AND

+ ARB.P. 484/2022 & I.A 6336/2022
S.N. CINEMA PVT. LTD ….. Petitioner
versus

M/S PVR LIMITED ….. Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Tanuj Khurana and Mr. Abhishek Rawat, Advocates for M/s. PVR Ltd.
For the Respondent: Mr. Praveen Agrawal and Mr. Ramesh Chandra, Advocates for S.N. Cinema Pvt. Ltd.

CORAM:-
HON�BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

SANJEEV SACHDEVA, J
1. Both the petitions are in the nature of cross-petitions seeking appointment of an arbitral tribunal and reference of disputes allegedly arising out of agency agreement dated 01.07.2017 read with addendum dated 23.03.2018.
2. Learned counsel appearing for S.N. Cinema Pvt. Ltd. submits that claims raised by M/s. PVR Limited are beyond the scope of arbitration.
3. Without prejudice to the above, learned counsel for the parties are agreeable that claims and counter-claims, if any, be referred to a sole arbitral tribunal reserving the right of the parties to raise objection with regard to maintainability of any particular claim before the arbitral tribunal.
4. In view of the above and with the consent of the parties and without prejudice to their rights and contentions, Mr. Justice Jayant Nath (Retd) (Mobile No. +91 85279 59494), a former Judge of this Court is appointed as the Sole Arbitrator. The Arbitral tribunal shall entertain the claims and counter claims, if any, of the parties.
5. The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996.
6. The Arbitrator shall furnish the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within two weeks of entering reference.
7. Petitions are disposed of in the above terms.

SANJEEV SACHDEVA, J
APRIL 25, 2022
NA

ARB.P. 24/2022 & 484/2022 Page 3 of 3