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2023 Supreme(Del) 4935
IN THE HIGH COURT OF DELHI AT NEW DELHI
Yogesh Khanna, J.
M/s Larsen & Toubro Limited – Appellant
Versus
Public Works Department – Respondent
Arb.P. 440 of 2023
Decided On : 04-07-2023
Important Points
Subject
Arbitration Law - Appointment of Sole Arbitrator
Headnote
Arbitration - Appointment of Sole Arbitrator - Dispute Resolution Clause
Fact of the Case:
The petition was filed under Section 11 of the Arbitration and Conciliation Act, 1996 for the appointment of a sole arbitrator to resolve disputes arising from a Contract Agreement.
Finding of the Court:
The court appointed Ms. Justice Mukta Gupta (Retd.) as the sole arbitrator to arbitrate the disputes between the parties, based on the reference to Article 23 (Dispute Resolution clause) in the Contract Agreement.
Issues: Appointment of sole arbitrator, interpretation of Dispute Resolution clause
Ratio Decidendi: The court's decision was influenced by the provisions of Section 11 of the Arbitration and Conciliation Act, 1996 and the reference to Article 23 in the Contract Agreement, which allowed for the appointment of a sole arbitrator to resolve disputes.
Final Decision: The petition was disposed of, and the pending application, if any, was also disposed of. Ms. Justice Mukta Gupta (Retd.) was appointed as the sole arbitrator to arbitrate the disputes between the parties.
Ms.Niyati Kohli and Mr.Pratham Vir Aggarwal, Advocates, for the Petitioner.
Mr.Mehak Nakra, ASC (Civil) and Mr.Abhishek Khari, Advocate, for the Respondent.
JUDGMENT
Yogesh Khanna, J. This petition is filed under Section 11 of Arbitration and Conciliation Act, 1996 for appointment of a sole arbitrator to resolve the disputes and differences arising between the parties in relation to the Contract Agreement dated 08.11.2017.
2. The learned counsel for petitioner has referred to Article 23 viz. Dispute Resolution clause in the Contract Agreement dated 08.11.2017. The learned counsel for respondent also agrees to the appointment of a sole arbitrator to arbitrate the disputes between the parties.
3. Accordingly, Ms. Justice Mukta Gupta (Retd.) is hereby appointed as a sole arbitrator to arbitrate the disputes between the parties. The rights and contentions of the parties are left open.
4. In view of above, the petition stands disposed of. Pending application, if any, also stands disposed of. A copy of this order be communicated to the sole arbitrator. Order dasti.
