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2021 Supreme(Del) 1912

C. HARI SHANKAR
C. S. Electric Ltd. – Appellant
Versus
Jop Power – Respondent


Advocates appeared:
Rahul Malhotra, Advocate, Raman Kapur, Advocate, Varun Kapur, Advocate

JUDGMENT

C. Hari Shankar, J. - This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "1996 Act"), to refer the dispute, between the petitioner and the respondent, to arbitration.

2. Given the nature of the controversy, a brief recital of facts would suffice. On 3rd December, 2011, an Agreement was executed between the petitioner and the respondent, whereunder the petitioner was required to supply Sandwich Bus Ducts to the respondent.

3. Article 15.3.1 of the Agreement dated 3rd December, 2011, provided for resolution of the disputes by arbitrator, which read thus:

    "15.3.1 All disputes shall be resolved through Arbitration. The appointment of a sole arbitrator to be selected by the Supplier/ Manufacturer out of the names 3 such notable persons to be given by "JOP" within a period of 30 days from the notice of reference of unresolved disputes between the parties. The jurisdiction of holding the proceedings of such arbitration shall be the state of Delhi. The applicable law will be Arbitration and Conciliation Act, 1996. In case the Supplier/ Manufacturer fails to choose the name of an Arbitrator from the 3 names of Arbitrators s

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