Kumar, Ms. Ayushi Sinha, Ad v. LANTERN DIGITAL SERVICES PRIVATELIMITED

O R D E R 08.04.2025 Exemption is granted subject to all just exceptions. The applicant(s) shall file legible and clearer copies of exempted documents, compliant with practice rules before the next date of hearing. The application is disposed of. O.M.P.(I) (COMM.) 123/2025

2. This is a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim directions against the respondent. The facts are that the respondent and the petitioner entered into a service agreement dated 01.01.2024, wherein the relationship between the petitioner and the respondent for providing digital marketing services was formalised.

3. The said agreement contains an arbitration clause being clause No. 9.1 which reads as under: “9 Dispute Resolution

9.1 Any disputes shall be resolved amicably through mutual discussions. If unresolved, disputes shall be submitted to arbitration under the Indian Arbitration and Conciliation Act, 1996, with the venue being Delhi.”

4. During the course of the service agreement, there were disputes between the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:33:04 parties prompting filing of the present petition. Mr. Batta, learned counsel for the respondent appears on advance notice and after some arguments, the parties have arrived at a settlement. The settlement terms read as under:

6. “1. The Respondent has agreed to hand over the login credentials, including usernames and passwords, to the Petitioner of all the Social Media Accounts mentioned in the Table provided at Pg. Nos.34-36 of the petition and the G Suite Account mentioned at Pg. No. 54 within 3 days from today. The Respondent has also agreed to provide the details of the email address(es) and phone number(s) linked with the two-factor authentication or account/password recovery options associated with the said accounts, wherever applicable.

2. Further, in order to assist the Petitioner in changing the passwords and the email address(es) and phone number(s) linked with the two- factor authentication account/password recovery options associated with the aforesaid Social Media Accounts, the Respondent has agreed to depute its competent representatives to a neutral venue in Delhi (to be decided mutually by the parties) on 11/04/2025. The Respondent has agreed and assured that the Respondent's Representatives so deputed will cooperate and assist in the complete handover of access, administration and control of the aforesaid Social Media Accounts.

3. The Respondent has further agreed to hand over to the Petitioner all the server hosting details and credentials required for accessing and controlling the Petitioner's websites mentioned in paragraph 52 of the petition.

4. The Respondent has further agreed to delete the entire database of the Petitioner's Patients' Records from its server (Patient Management System) after allowing the Petitioner to successfully export/ extract and secure its complete database in Excel format. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:33:04

5. The Respondent has agreed and assured to restrain from, directly or indirectly, utilising, disclosing, appropriating, disseminating, or otherwise exploiting any confidential information, data, content, or proprietary material accessed or obtained through the accounts and websites of the Petitioner, or through the Petitioner's use of the Respondent's Patient Management System, whether during or after the term of the Respondent's association with the Petitioner.

6. The Petitioner had filed a Criminal Complaint dated 27.03.2025 before the Crime Branch, Gwalior, Madhya Pradesh bearing Diary Number 17/20205. The Petitioner has agreed to withdraw the same immediately upon the Respondent's compliance of the terms agreed hereinabove. The Petitioner and the Respondent further agree to not file any criminal complaints against each other with respect to the disputes that are subject matter of the present petition. During the period the parties work out the modalities, no precipitative action shall be taken by the petitioner on this complaint.

7. That compliance with the conditions agreed above shall be duly certified by the respective advocates of the parties by exchanging necessary correspondence in this regard.”

7. Additionally, the parties have no objection if an arbitrator is appointed to adjudicate the disputes between them, without prejudice to the concessions given by the parties in the settlement.

8. For the said reasons, the petition is allowed and the following directions are issued:- i)Mr. Vimal Kumar Yadav (Retd. District Judge) (Mob. No. 9910384696) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties. ii) The arbitration will be held under the aegis of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:33:04 (hereinafter, referred to as the ‘DIAC’). iii) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators’ Fees) Rules, 2018. iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference. v) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims/counter-claims and merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator. vi) The parties shall approach the learned Arbitrator within two weeks from today.

9. The consent terms are only for the purpose of disposing of the present application and will have no bearing on the final adjudication or any application moved by any of the parties under Section 17 of the Arbitration and Conciliation Act, 1996.

11. Parties are bound by the settlement agreed to in this order. The parties have agreed to a settlement qua the relief sought in the present petition.

12. The present petition is disposed of in the aforesaid terms. APRIL 8, 2025/sp Click here to check corrigendum, if any JASMEET SINGH, J This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:33:04