caselaws

Supreme Court of India
M/S Shaf Broadcast Pvt Ltd vs Doordarshan A Constituent Of … on 7 November, 2019Author: Uday Umesh Lalit

Bench: Uday Umesh Lalit, Hon’Ble Ms. Malhotra

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NON­REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION

ARBITRATION PETITION No. 36 OF 2019

M/S. SHAF BROADCAST PVT. LTD. PETITIONER

VERSUS

DOORDARSHAN – A CONSTITUENT
OF PRASAR BHARTI & ANR. RESPONDENTS

ORDER

INDU MALHOTRA, J.

1. The Petitioner has filed an Application under Section
11 of the Arbitration & Conciliation Act, 1996 for
appointment of an Arbitrator on behalf of Respondent
No. 1 – Doordarshan, in an international commercial
arbitration.
Signature Not Verified

Digitally signed by
MUKESH KUMAR
Date: 2019.11.07
12:47:57 IST
Reason:
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2. The Petitioner – Company and Respondent No. 2
entered into a Contract dated 08.03.2010 with
Respondent No. 1 – Doordarshan. The Contract
contains an arbitration clause, which reads as under :
“8.2 Arbitration: In the case of
dispute arising upon or in relation to
or in connection with the Contract
between HB and the Entity, which has
not been settled amicably, any Party
can refer the dispute for Arbitration
under (Indian) Arbitration and
Conciliation Act, 1996. Such disputes
shall be referred to an Arbitral
Tribunal consisting on 3 (three)
arbitrators, one each to be appointed
by HB and the Entity, the third
arbitrator shall be chosen by the two
arbitrators so appointed by the
Parties which shall act as Presiding
Arbitrator. In case of failure of the
two arbitrators, appointed by the
Parties to reach a consensus
regarding the appointment of the
third arbitrator within a period of
Thirty (3) days from the date of
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appointment of the two arbitrators,
the Presiding Arbitrator shall be
appointed by the Secretary of the
Ministry of Information and
Broadcasting, Government of India.
The Arbitration and Conciliation Act,
1996 and any statutory modification
or re­enactment thereof shall apply to
these Arbitration proceedings.
8.3 Arbitration proceedings shall be
held in India at New Delhi and the
language of the Arbitration
proceedings and that of all
documents and communications
between the Parties shall be English.
The law as applicable in India shall
govern the rights and obligations of
the parties.”

3. Disputes arose between the parties, which led to the
invocation of the arbitration clause on 14.01.2019 by
the Petitioner – Company. The Petitioner – Company
nominated its arbitrator on 28.02.2019 in terms of
the agreement. However, Respondent No. 1 –
Doordarshan failed to nominate an arbitrator.
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Consequently, the Petitioner – Company has filed the
present Application under Section 11 of the
Arbitration & Conciliation Act, 1996 seeking
appointment of an Arbitrator by the Court on behalf
of Respondent No. 1 – Doordarshan.

4. Even though the arbitration agreement provides for a
three­member arbitral tribunal, the Counsel for all
the parties at the time of hearing, requested for the
appointment of a Sole Arbitrator in modification of
the arbitration clause stipulating a three­member
tribunal, to adjudicate the disputes.

5. Accordingly, with the consent of the Counsel for the
parties, we appoint Mr. Justice (Retd.) A. M. Sapre,
Former Judge, Supreme Court of India as the Sole
Arbitrator subject to the declarations being made
under Section 12 of the Arbitration and Conciliation
Act, 1996 with respect to independence and
impartiality, and the ability to devote sufficient time
to complete the arbitration within the period of 12
months. The learned Arbitrator is requested to
complete the proceedings within the time­limit
specified under Section 29A.
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6. The arbitration clause specifies that the Seat of
arbitration will be at New Delhi, India. We direct the
arbitration be conducted at New Delhi as the Seat of
arbitration.

7. The Arbitrator will be paid fees in accordance with
the Fourth Schedule of the Arbitration and
Conciliation Act, 1996 as amended.

8. A copy of this Order be despatched to Mr. Justice
(Retd.) A. M. Sapre, Former Judge, Supreme Court of
India at the following address:

“Mr. Justice (Retd.) A. M.
Sapre, Former Judge, Supreme
Court of India,
C­203, Second Floor
Sarvodaya Enclave
New Delhi – 110017
Tel No.: 011­40254823
Mob. No.: 7042955488”

The parties are directed to appear before the learned
Arbitrator on 15.11.2019 at 11 a.m.
The matter is disposed of accordingly.
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…..……………………………J.
(UDAY UMESH LALIT)

..….…………………………..J.
(INDU MALHOTRA)

…..……………………………J.
(SANJIV KHANNA)

New Delhi;
November 7, 2019.

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