FOOMILL PVT. LTD. Vs. AFFLE (INDIA) LTD.

JUDGEMENT

(1.) By this petition, the petitioner seeks appointment of an Arbitrator for resolving the disputes in relation to the software development arising out of the agreement dtd. 29/7/2021 between the parties and costs.

(2.) According to the petitioner, the petitioner and the respondent entered into a Master Service Agreement on 29/7/2021. After the start of the project, the petitioner raised concerns due to the delay on the part of the respondent. On 3/12/2021, the petitioner wrote an email to the respondent to resolve all differences amicably by dialogue. On 6/12/2021, the respondent informed the petitioner that there is an 'expectation mismatch' and therefore, the 'project is put on hold'. The respondent introduced a new person for communication with the petitioner and showed no intent of resolving the issues flagged by the petitioner. Hence, on 8/2/2022, the petitioner sent a legal notice to the respondent invoking arbitration. The respondent replied to the legal notice of the petitioner on 13/2/2022 stating that there was no arbitration agreement between the parties.

(3.) Clause 11 of the Master Service Agreement dtd. 29/7/2021 between the parties reads as under:-