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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (T) (COMM.) 103/2022
VIJAY DHALLA ..... Petitioner
Through: Mr.Akhil Goyal, Advocate
Ms.Amita Gupta and
Ms.BhawnaBhati, Advts.
versus
M/S PRATEEK REALTORS INDIA PVT LTD ..... Respondent
Through: Mr.Sudeep Singh,Mr.Akul
Mehandru and Mr.VaibhavMehal,
Advts.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
O R D E R
% 31.01.2024
The hearing has been conducted through hybrid mode (physical and
virtual hearing).
The present petition has been filed under Sections14& 15 of the
Arbitration and Conciliation Act, 1996 seeking appointment of an
independent arbitrator. The petitioner states that the sole arbitrator Ms.Pooja
Dewan, Advocate has withdrawn herself from the arbitration and therefore
another arbitrator is required to be appointed. Learned counsel for the
respondent submits that though he has no objection to the appointment of an
independent arbitrator, however, the present petition under Sections 14 & 15
is not maintainable and that earlier the arbitrator was appointed unilaterally
by the petitioner.
With the consent of the parties, the present petition is converted into a
petition under Section 11. Since the agreement containing arbitration clause
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is not disputed and both the parties have consented to the reference to the
arbitral tribunal, the present petition is disposed of with the following
directions:
i) The disputes between the parties under the said agreement are referred
to the arbitral tribunal.
ii) As agreed by both the counsels for the parties, Mr.Kushank Sindhu,
Advocate, Enrl.No.D/4493/2014 (Mobile No.7065488258) is appointed as
an Arbitrator to adjudicate the disputes between the parties.
iii) The arbitration will be held under the aegis of the Delhi International
Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi
hereinafter, referred to as the „DIAC‟). The remuneration of the learned
Arbitrator shall be in terms of Schedule IV of the A&C Act or as the parties
may agree.
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 on 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.
The petition is disposed of in the above terms.
DINESH KUMAR SHARMA, J
JANUARY 31, 2024/rb.
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 16/12/2024 at 15:09:19