Retired judge Justice Akil Kureshi appointed sole arbitrator in arbitration involving Times Group

The Bombay High Court recently appointed retired judge Justice Akil Kureshi as the sole arbitrator in an arbitration between Bennett Coleman & Co. Ltd. and an advertising agency [Bennett Coleman & Co. Ltd. v. MAD India Pvt Ltd.]..Bennett Coleman, which own majority stake in Times Group, worked with the advertising agency, MAD (India) Pvt Ltd for an interface.MAD India would bring various advertisers to Bennett Coleman for publishing advertisements.Times would publish the advertisement on its media platforms and thereafter raise an invoice for payments. MAD was then expected to make the requisite payment..Between July 2017 to April 2019, MAD issued various release orders which Times purportedly published in their print and non-print media.Corresponding to that, invoices were raised but there was alleged default by MAD in making payments. Times alleged that the default continued despite raising invoices and the attempt to recover dues failed on every occasion. .Times claimed that an amount of ₹11,49 crores was due and payable till April 30, 2022.It invoked the arbitration clause on July 7, 2022, which was a part of the tax invoice, and sought appointment of a sole arbitrator. .The issue for consideration before the Court was whether a clause printed at the back of the tax invoice contemplating reference of disputes or breaches arising out of an order of advertisement to sole arbitrator, would amount to an arbitration clause. Single-judge of Justice Bharati Dangre held that in the present case the clauses contained on the back of the tax invoices clearly made a reference to arbitration which could be considered as an arbitration clause. “Since in the present case, it can be clearly seen that the parties have acted upon the invoices and there was no denial of the invoices raised by the applicant, the clause contained in the invoices which clearly stipulate a reference to arbitration, deserve to be construed as an arbitration clause”, the judge held. .Having held this, the judge then proceeded to appoint retired judge Justice Akil Kureshi as the sole arbitrator..Advocates Ashish Kamat, Pradeep Mane, Huzan Bhumgara and Dhruv Dandekar briefed by Desai & Diwanji appeared for Bennett Coleman.Advocates Girish Kedia and Kushang Kedia appeared for MAD. [Read Order]