JUDGMENT :

[Prathiba M. Singh, J.]

1. This hearing has been done through hybrid mode.

2. The Petitioner Company- Pink City Expressways Private Limited has filed the petition challenging the orders dated 6th December, 2022 passed by the ld. Sole Arbitrator appointed under the aegis of the Delhi International Arbitration Centre (DIAC).

3. The Respondent- Aaron Security and Services Pvt. Ltd. had filed an Arbitration Petition 1162/2021 titled ‘M/S Aaron Security and Services Pvt. Ltd v. M/s Pink City Expressway Pvt. Ltd. & Ors.’ under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter ‘the Act’) seeking appointment of an Arbitrator for adjudication of the disputes between the parties in the said arbitration petition.

4. Vide order dated 2nd February, 2022, in the Arbitration Petition, the ld. Single Judge had appointed a Sole Arbitrator in the following terms:

“3. The present petition under Section 11 of the Arbitration and Conciliation Act, 1996 [ hereinafter "the Act”] seeks appointment of a Sole Arbitrator for adjudication of disputes that are stated to have arisen between the parties pertaining to: (i) 'CONTRACT AGREEMENT FOR ROUTE OPERATION SERVICES FROM KM. 42.700 TO 156.000' dated 30th December, 2010 and (ii) AGREEMENT dated 19th February, 2011 [hereinafter collectively referred to as ''Agreements”] Both the afore-noted Agreements, contain an arbitration clause.

4. Since there is no appearance on behalf of the Respondent despite service; there is no contest in the present petition and the same deserved to be allowed. Accordingly, Hon'ble Mr. Justice Vinod Goel (Retd.), former Judge of this Court [Contact No.: +91 9910384637] is appointed as the common Sole Arbitrator to adjudicate the disputes pertaining to the afore-noted Agreements dated 30th December, 2010 and 19th February, 2011.

5. The parties are directed to appear before the learned Sole Arbitrator as and when notified. This is subject to the learned Arbitrator making necessary disclosure(s) under Section 12(1) of the Act and not being ineligible under Section 12(5) of the Act.

6. The learned Arbitrator will be entitled to charge his fee in terms of the provisions of the Fourth Schedule appended to the Act.

7. The learned Arbitrator shall conduct the arbitration proceedings under the aegis of Delhi International Arbitration Centre [hereinafter "DIAC"] and in accordance with the DIAC Rules.”

5. The matter was referred to the DIAC and Justice Vinod Goel, Former Judge of the Delhi High Court was appointed as the Sole Arbitrator.

6. On 21st May, 2022, the ld. Sole Arbitrator gave time to the Petitioner in the present petition, to file a statement of defence and counter affidavit, if any, within six weeks as requested by the ld. Counsel for the Petitioner. The said order is extracted below:

1. The arbitral proceedings were conducted by virtual mode to maintain social distancing norms on account of the COVID-19 Pandemic.

2. Pursuant to the notice issued by the DIAC, on filing of the statement of claim (SOC) by the claimant, Mr. Pavan N. Prasad, GM (F&A) had joined these proceedings on behalf of the respondents.

3. Mr. Vashisht stated that two agreements were executed between the parties, one for Route Operation Service and another for Ambulance Services and both the agreements are inter- connected and they have raised the bills under both the agreements upon the respondents simultaneously. He submitted that for this reason he had filed a single SOC arising out of both these agreements. He requested that a single case be registered. As requested, the DIAC is directed to de-register case no. 3900.

4. Mr. Pavan sought six weeks' time to file their statement of defence (SOD) and the counter- claim (CC). He stated that they had engaged Sh. D. K. Dwibedi, Advocate, (M: 9437020157) (email id: dkdwibedi.associates@gmail.com) as their counsel to defend them in these proceedings. The SOD and CC, if any, shall be filed by the respondents within six weeks in PDF f