w w w . L a w y e r S e r v i c e s . i n



Jones Lang Lasalle Building Operations Private Limited v/s Techpark Maintenance Services Private Limited


Company & Directors' Information:- I SERVICES INDIA PRIVATE LIMITED [Active] CIN = U72900DL2003PTC118851

Company & Directors' Information:- S T SERVICES LTD [Active] CIN = L74140WB1989PLC047210

Company & Directors' Information:- M G F SERVICES LIMITED [Amalgamated] CIN = U65910DL1987PLC029599

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U65100DL1989PTC038061

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U74900DL1989PTC038061

Company & Directors' Information:- S J SERVICES PRIVATE LIMITED [Active] CIN = U74140DL1988PTC034427

Company & Directors' Information:- E M SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U93090MH2001PTC131924

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L51226WB1983PLC035807

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L93000WB1983PLC035807

Company & Directors' Information:- G K SERVICES PRIVATE LIMITED [Active] CIN = U65990MH1994PTC078529

Company & Directors' Information:- A K SERVICES PRIVATE LIMITED [Active] CIN = U74899MH1986PTC268851

Company & Directors' Information:- B V SERVICES PVT LTD [Active] CIN = U74140WB1991PTC050946

Company & Directors' Information:- I S A SERVICES PRIVATE LIMITED [Active] CIN = U74140JH1995PTC006387

Company & Directors' Information:- E I C SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC022426

Company & Directors' Information:- JONES LANG LASALLE BUILDING OPERATIONS PRIVATE LIMITED [Active] CIN = U74140DL2002PTC117573

Company & Directors' Information:- TECHPARK INDIA PRIVATE LIMITED [Active] CIN = U74899DL1993PTC051742

Company & Directors' Information:- TECHPARK MAINTENANCE SERVICES PRIVATE LIMITED [Active] CIN = U74900HR2008PTC037674

Company & Directors' Information:- A C SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070774

Company & Directors' Information:- E TO E OPERATIONS AND MAINTENANCE PRIVATE LIMITED [Active] CIN = U63031KA2009PTC049131

Company & Directors' Information:- LASALLE PRIVATE LIMITED [Active] CIN = U55101DL2007PTC161613

Company & Directors' Information:- H S SERVICES PRIVATE LIMITED [Active] CIN = U74900KA2014PTC074321

Company & Directors' Information:- G V INDIA SERVICES PRIVATE LIMITED [Active] CIN = U74900DL2010PTC212026

Company & Directors' Information:- A TO Z SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2007PTC168484

Company & Directors' Information:- O P T SERVICES INDIA PRIVATE LIMITED [Active] CIN = U63013DL1996PTC083397

Company & Directors' Information:- P P SERVICES PVT LTD [Active] CIN = U70101WB1991PTC051423

Company & Directors' Information:- A P T SERVICES PRIVATE LIMITED [Amalgamated] CIN = U29219TG1999PTC031903

Company & Directors' Information:- S S SERVICES PVT LTD [Active] CIN = U51109AS1993PTC003956

Company & Directors' Information:- G & G SERVICES PRIVATE LIMITED [Active] CIN = U45201DL2012PTC230905

Company & Directors' Information:- J D JONES & CO PVT LTD [Active] CIN = U10200WB1923PTC004802

Company & Directors' Information:- A N Y SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071457

Company & Directors' Information:- N B SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC056484

Company & Directors' Information:- P C SERVICES PRIVATE LIMITED [Strike Off] CIN = U00894KA1985PTC006606

Company & Directors' Information:- M. V. S SERVICES INDIA PRIVATE LIMITED [Active] CIN = U93000DL2013PTC252172

Company & Directors' Information:- S D SERVICES PVT LTD [Active] CIN = U51109AS1998PTC005293

Company & Directors' Information:- H AND B SERVICES LIMITED [Strike Off] CIN = U72900MH2004PTC145775

Company & Directors' Information:- OPERATIONS O A (INDIA) PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071631

Company & Directors' Information:- C & R SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140KA1996PTC019645

Company & Directors' Information:- E AND A SERVICES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51900MH1989PTC054373

Company & Directors' Information:- BUILDING MAINTENANCE COMPANY OF INDIA PRIVATE LIMITED [Strike Off] CIN = U45201TN1998PTC041365

Company & Directors' Information:- A. H. SERVICES PRIVATE LIMITED [Active] CIN = U74990MH2009PTC193917

Company & Directors' Information:- M E R I T SERVICES PRIVATE LIMITED [Strike Off] CIN = U51900MH1999PTC118445

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900MH2009PTC293633

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2009PTC139742

Company & Directors' Information:- J. S. P. SERVICES PRIVATE LIMITED [Active] CIN = U63040DL1996PTC075731

Company & Directors' Information:- E-LANG PRIVATE LIMITED [Active] CIN = U85300ML2020PTC013737

Company & Directors' Information:- INDIA SERVICES LIMITED [Liquidated] CIN = U99999TN1946PLC000976

Company & Directors' Information:- U M S SERVICES LIMITED [Active] CIN = U03210TZ1982PLC001208

Company & Directors' Information:- A T E SERVICES LIMITED [Strike Off] CIN = U74140MH2001PTC132923

Company & Directors' Information:- MAINTENANCE INDIA LIMITED [Strike Off] CIN = U74899DL1994PLC062023

Company & Directors' Information:- SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL1996PTC078465

Company & Directors' Information:- G I SERVICES INDIA LIMITED [Active] CIN = U74140DL2008PLC184088

Company & Directors' Information:- E AND E SERVICES LIMITED [Strike Off] CIN = U65992KL1988PLC005094

Company & Directors' Information:- A 2 Z MAINTENANCE SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000AP2007PTC056040

Company & Directors' Information:- S R V N SERVICES PRIVATE LIMITED [Strike Off] CIN = U50200DL2004PTC124035

Company & Directors' Information:- B H SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74999MH2012FTC227035

Company & Directors' Information:- A R SERVICES PRIVATE LIMITED [Active] CIN = U00000DL2001PTC109578

Company & Directors' Information:- J AND J SERVICES PRIVATE LIMITED [Active] CIN = U51900MH1995PTC092554

Company & Directors' Information:- L B D SERVICES PRIVATE LIMITED [Active] CIN = U00359BR1991PTC004694

Company & Directors' Information:- V S MAINTENANCE SERVICES PRIVATE LIMITED [Active] CIN = U45201UP1999PTC024803

Company & Directors' Information:- A 2 Z E SERVICES PRIVATE LIMITED [Strike Off] CIN = U72200KA2006PTC039105

Company & Directors' Information:- M P SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013531

Company & Directors' Information:- B I N A R Y SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900DL2000PTC103072

Company & Directors' Information:- M C SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013532

Company & Directors' Information:- D & D SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U51909DL1998PTC093967

Company & Directors' Information:- JONES LANG LASALLE INDIA PRIVATE LIMITED [Strike Off] CIN = U74140KA1999PTC025098

Company & Directors' Information:- S C L SERVICES PRIVATE LIMITED [Active] CIN = U63012TN2001PTC046650

Company & Directors' Information:- A B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL1998PTC093545

Company & Directors' Information:- G P SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC037683

Company & Directors' Information:- R R MAINTENANCE SERVICES PRIVATE LIMITED [Strike Off] CIN = U72501WB2003PTC096372

Company & Directors' Information:- T S SERVICES PRIVATE LIMITED [Strike Off] CIN = U85320WB2003PTC095712

Company & Directors' Information:- A. S. V. P. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999HR2014PTC052304

Company & Directors' Information:- R AND T SERVICES PRIVATE LTD. [Strike Off] CIN = U72501DL1998PTC096640

Company & Directors' Information:- S S SERVICES PVT LTD [Strike Off] CIN = U74140WB1988PTC044009

Company & Directors' Information:- S S D SERVICES PRIVATE LIMITED [Active] CIN = U74910RJ1996PTC012694

Company & Directors' Information:- V & V SERVICES PRIVATE LIMITED [Strike Off] CIN = U74990MH2010PTC206211

Company & Directors' Information:- R N MAINTENANCE SERVICES PRIVATE LIMITED [Active] CIN = U74990MH2012PTC227229

Company & Directors' Information:- D S SERVICES PRIVATE LIMITED [Strike Off] CIN = U65923MH2012PTC226482

Company & Directors' Information:- P AND I SERVICES PRIVATE LIMITED [Active] CIN = U63090MH1981PTC024997

Company & Directors' Information:- F F C SERVICES PRIVATE LIMITED [Active] CIN = U74900PN2014PTC153348

Company & Directors' Information:- R. B. SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2017PTC302692

Company & Directors' Information:- Q C SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2013PTC148110

Company & Directors' Information:- A. G. TECHPARK PRIVATE LIMITED [Strike Off] CIN = U72900PN2014PTC151655

Company & Directors' Information:- B S K A SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900WB2013PTC198627

Company & Directors' Information:- V S F MAINTENANCE SERVICES PRIVATE LIMITED [Under Process of Striking Off] CIN = U74999WB2011PTC168053

Company & Directors' Information:- S N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900JK2014PTC004110

Company & Directors' Information:- R N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900CH2013PTC034757

Company & Directors' Information:- R M E-SERVICES PRIVATE LIMITED [Active] CIN = U72300DL2007PTC166470

Company & Directors' Information:- A Y SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2012PTC239759

Company & Directors' Information:- J N D SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL2014PTC264620

Company & Directors' Information:- V. S. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2012PTC233958

Company & Directors' Information:- S & V SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2015PTC287145

Company & Directors' Information:- K R MAINTENANCE PRIVATE LIMITED [Active] CIN = U45201DL2005PTC132188

Company & Directors' Information:- A R J SERVICES PRIVATE LIMITED [Active] CIN = U72200DL2015PTC286948

Company & Directors' Information:- M K R SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2012PTC242159

Company & Directors' Information:- G W SERVICES PVT LTD [Strike Off] CIN = U79140DL2001PTC111194

Company & Directors' Information:- B 2 B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140HR2013PTC049213

Company & Directors' Information:- R K SERVICES PRIVATE LIMITED [Active] CIN = U45200HR2007PTC041783

Company & Directors' Information:- A. R. T. SERVICES PRIVATE LIMITED [Active] CIN = U51900GJ2009PTC056248

Company & Directors' Information:- B 9 N SERVICES PRIVATE LIMITED [Active] CIN = U74900KL2012PTC032087

Company & Directors' Information:- V J SERVICES PRIVATE LIMITED [Strike Off] CIN = U29242GJ2013PTC074510

Company & Directors' Information:- N I SERVICES PRIVATE LIMITED [Strike Off] CIN = U64202KL2000PTC014355

Company & Directors' Information:- 7-A SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2019PTC359011

Company & Directors' Information:- L K E SERVICES PRIVATE LIMITED [Active] CIN = U74999RJ2021PTC073635

Company & Directors' Information:- F I SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2001PTC113001

Company & Directors' Information:- C R D SERVICES PVT LTD [Active] CIN = U72300AS1988PTC003097

Company & Directors' Information:- B I M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140KA1974PTC002694

Company & Directors' Information:- T Q M SERVICES PVT. LTD. [Strike Off] CIN = U74140DL1999PTC101341

Company & Directors' Information:- B AND M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140MH1977PTC019880

Company & Directors' Information:- M J B E-SERVICES PRIVATE LIMITED. [Strike Off] CIN = U72400DL2006PTC150832

Company & Directors' Information:- BUILDING COMPANY LIMITED [Dissolved] CIN = U99999MH1919PTC000616

Company & Directors' Information:- BUILDING COMPANY OF INDIA LIMITED [Not available for efiling] CIN = U99999MH1942PTC003646

    ARB.P. No. 629 of 2020 & I.A. No. 10833 of 2020

    Decided On, 14 January 2021

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE VIBHU BAKHRU

    For the Petitioner: Anupam Srivastava, Advocate. For the Respondent: Lokesh Bhola, Aparna Gupta, Advocates.



Judgment Text

[Hearing held through video conferencing](Oral)1. The petitioner has filed the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereafter ‘the Act’), inter alia, praying that an Arbitrator be appointed to adjudicate the disputes that have arisen between the parties in respect of a Property Management Agreement entered into between them.2. The parties had entered into a Property Management Agreement (hereafter ‘Agreement’) on 01.12.2011, in terms of which, the respondent had engaged the petitioner for providing maintenance services as set out in the said Agreement.3. On 01.01.2013, a Letter of Intent was executed by the respondent extending the time of the said Agreement for a further period of one year.4. Admittedly, certain disputes have arisen in connection with the said Agreement. The petitioner claims that the invoices raised for the period 17.07.2013 to May, 2014 remain unpaid.5. In view of the above, the petitioner sent a notice demanding a sum of Rs.68,92,134.70 (Rupees Sixty Eight Lakhs Ninety Two Thousand One Hundred Thirty Four and Seventy Paise) along with interest @ 18% p.a. The learned counsel appearing for the respondent states that the said notice dated 06.07.2015 also invoked the arbitration clause as set out in the Agreement.6. Thereafter, on 31.05.2016, the petitioner instituted a suit (Civil Suit No.1190/2016) before the court of Civil Judge, Gurgaon for recovery of the amounts claimed by it. On 17.04.2018, the respondent filed an application under Section 8 of the Act praying that the parties be referred to arbitration in terms of their Agreement.7. The said prayer was allowed by an order dated 17.04.2018. The operative part of the said order reads as under:-“5. The present suit has been filed by the plaintiff/respondent seeking recovery of Rs. 88,73,622/- alongwith pendent-lite and future interests @ Rs. 15 % per annume on the ground that the defendant has availed its services under property management agreement dated 01.12.2011 but the defendant started evading the invoices raised by the plaintiff and failed to pay the outstanding amount. In reply to this application, it is admitted that plaintiff and defendant had entered into an agreement dated 01.12.2011 for providing property management services. In the application in hand, defendant has averred that the said agreement was executed between the plaintiff and defendant and it was duly executed between the parties to the suit. A perusal of the said agreement clearly reveals that there is signature of the authorised representative of the defendant company as well as of the plaintiff company at the botom of every page of agreement, and as per clause 23 of this agreement, it has been clearly mentioned that in the event of any dispute between the plaintiff and defendant, the matter shall be referred to a penal of three arbitrators, with the client and Property Manager appointing one arbitrators each and the arbitrators so appointed nominating a third and further that the place of arbitration shall be Delhi. Since there is no denial by the plaintiff that the Property Management Agreement dated 01.12.2011 is not signed by there authorise representative, therefore clause 23 of this agreement specifically goes in favour of applicant/defendant company. Moreover, placing reliance on case title as P. Anand Gajapathi Raju & ors. Vs. P.V.G. Raju & ors., MANUISCI08112000; Hindustan Petroleum Corporation Ltd. Vs. Pink City Midway Petroleums, AIR 2003(SC)2881, it is clear that the court has power to refer the parties to the Arbitration. Consequently, the present application is hereby allowed and the present suit is hereby dismissed by virtue of application in hand and parties to the suit are directed to proceed before the Arbitration as per terms of the Property management agreement dated 01.12.2011. File be consigned to record-room after due compliance.”8. Thereafter, the petitioner once again issued a notice dated 28.04.2018 proposing the name of an Arbitrator. The respondent responded to the said notice by a letter dated 30.05.2018. The respondent claimed that the claims made by the petitioner were barred by limitation. The respondent further states that the said notice calling upon the respondent to refer the disputes to arbitration was malafide and a counter blast to the various legitimate complaints and representations made by its clients. The respondent called upon the petitioner to immediately withdraw the legal notice.9. The learned counsel appearing for the respondent now states that the present petition is liable to be dismissed as the invocation of the arbitration agreement is barred by limitation. He states that since the first notice invoking the arbitration had been issued on 06.07.2015 the present petition is beyond the period of limitation. He also referred to Section 43 of the Act, which expressly provides that the Limitation Act, 1963 shall apply to arbitration as it applies to proceedings in the court.10. He also referred to the decision of this court in Golden Chariot Recreations Pvt. Ltd. v. Mukesh Panika and Anr.: 253(2018) DLT 219 in support of his contention that the period of limitation would not be extended by issuance of subsequent notices.11. It is apparent from the above that there is no dispute as to the existence of the arbitration agreement. The Agreement includes an arbitration clause, which reads as under:-“23. DISPUTE RESOLUTION23.1 The parties agree to cooperate and meet and conduct in good faith such discussions and negotiations as may be necessary to resolve any dispute between them which may arise. The said negotiations shall be conducted and proceed for no longer than 30 days from the notice thereof by the aggrieved party to the other party;23.2 If a dispute arises out of or in connection with this Agreement and the parties do not resolve it in accordance with Section 22.1, the dispute shall be determined as follows;23.2. either party may give the other written notice giving particulars of the unresolved dispute. The dispute shall then be referred to the chief executive officers of the Parties or their nominees who shall then meet and attempt to resolve the dispute in time not extending 30 days. Any agreement reached by those persons shall be binding on the parties to the Agreement.23.2.2 In the case of failure by the Parties to resolve the dispute in the manner set out above within 30 days from the date when the dispute arose, the dispute shall be referred to a panel of three arbitrators, with the Client and Property Manager appointing one arbitrator each and the arbitrators so appointed nominating a third. The place of arbitration shall be Delhi. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996 and shall be conducted in the English language.12. The contention that the present application is barred by limitation is unpersuasive. The petitioner had filed a suit and in the said action, respondent had filed the application praying that the parties be referred to arbitration. The said application was allowed on 17.04.2018 and the present application has been filed within the period of three years from the said date.13. Apart from the above, it is also necessary to note that after the application under Section 8 of the Act was allowed, the petitioner had filed a notice calling upon the respondent for appointment of an Arbitrator. However, it appears that the parties have been unable to agree to the appointment of an Arbitrator.14. As stated above, the respondent now revisited the petitioner’s endeavour to appoint a mutually acceptable arbitral tribunal by alleging that the petitioner’s notice was malafide and called upon the petitioner to withdraw the same. After having succeeded before the civil court to compel the petitioner to take recourse to the Arbitration Act and after having secured an order for referring the parties to arbitration to settle the dispute, it is not open for the respondent to now take a stand that recourse to provisions of the Arbitration Act cannot be taken.15. Be that as it may, it is apparent that since the present application has been filed within the period of three years from the date of the order of the learned civil court referring the parties to arbitration, the contention that the present application is beyond the period of limitation is unsustainable.16. The decision in the case of Golden Chariot Recreations Pvt. Ltd. (supra) is of little assistance to the petitioner. In that case, the parties had issued a notice invoking the arbitration clause and the other party had contested the said invocation by disputing the existence of the arbitration agreement. The said party claimed that the arbitration agreement was forged. The party invoking the arbitration had once again invoked the arbitration clause about three years thereafter the first notice. In that context, this court had held that the limitation would run from the notice first issued.17. The facts in the present case are different. As noticed above, in this case the petitioner did institute an action in a civil court after it had issued the legal notice. However, in that suit the respondent prevailed in its contention that the parties be referred to arbitration. Clearly, in the circumstances

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, the period of limitation would not run from the notice dated 06.07.2015, which was issued by the petitioner but from the date of the order referring the parties to arbitration which was passed at the instance of the respondent.18. In view of the above, this court considers it apposite to allow the present petition.19. The learned counsel for the parties on instructions state, that a sole arbitrator be appointed instead of a tribunal of three members. They further request that the Arbitrator be appointed by the Delhi International Arbitration Centre (hereafter ‘DIAC’) and the arbitration be conducted under the aegis of DIAC.20. In view of the consensus between the parties and at their instance, this court directs that a Sole Arbitrator be appointed by the DIAC in accordance with its rules. The arbitration shall be conducted under the aegis of DIAC and in accordance with its rules.21. The parties are at liberty to approach the Coordinator, DIAC for further proceedings.22. The application is allowed in the aforesaid terms.
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