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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Trent Limited - Appellant
Versus
Anant Raj Projects Limited - Respondent
O.M.P.(I) (COMM.) 354 of 2020 & I.A. 9864 of 2020 and I.A. 9863 of 2020
Decided On : 29-01-2021
| Table of Content |
|---|
| 1. appointment and process for disputing arbitration (Para 1) |
| 2. disposal of the petition (Para 2) |
| 3. disposal of pending applications (Para 3) |
(Video-Conferencing)
1. By consent, the present petition is disposed of in the following terms:
(i) Hon'ble Mr. Justice Badar Durrez Ahmed, an eminent retired Chief Justice of High Court of Jammu & Kashmir, who also adorned the Bench of this Court, is appointed as arbitrator to arbitrate on the disputes between the parties. The fees of the learned arbitrator would be fixed in consultation with the parties. The contact details of the learned arbitrator are as under:
A-14, Friends Colony West,
Mathura Road,
New Delhi-110 065
Phone No.7042205786
Email ID: badardurrez@gmail.com
(ii) The parties are directed to contact the learned Arbitrator within one week of being communicated a copy of this order by the Registry of this Court by e-mail. The learned Arbitrator would furnish the requisite disclosure under Section 12(2) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the 1996 Act") within one week of entering on the reference.
(iii) The present petition (O.M.P.(I) (COMM.) 354/2020) shall be treated as an application under Section 17 of the 1996 Act and shall be decided by the learned Arbitrator in accordance with law. The petitioner is directed to file the present petition before the learned Arbitrator, as an application under Section 17, within a week of the learned Arbitrator entering on the reference. The entire record of this case, including the reply of the respondent and the documents which are on record, may be taken into consideration by the learned Arbitrator, while arbitrating on this petition.
(iv) The ad interim directions contained in the order dated 23rd October, 2020, passed by this Court in the present proceedings, shall continue to remain in force pending and subject to the outcome of the decision of the learned Arbitrator, on the present petition, treating it as an application under Section 17.
(v) The learned Arbitrator would decide the application uninfluenced by any of the observations contained in the order dated 23rd October, 2020, as they were only intended to consider the prayer for ad interim relief, pending consideration of the Section 9 petition.
2. With the aforesaid observations, this petition stands disposed of.
3. Pending applications also stand disposed of.
The court appointed an arbitrator to resolve disputes between parties, emphasizing adherence to the Arbitration and Conciliation Act procedures.
The arbitration process is governed by mutual consent, allowing parties to appoint an arbitrator and seek interim relief under Sections 12(2) and 17 of the Arbitration and Conciliation Act, 1996.
The court appointed a retired judge to arbitrate disputes between parties, allowing all issues to remain open for decision under the Arbitration and Conciliation Act, 1996.
The court affirmed that parties can mutually consent to arbitration under the Arbitration and Conciliation Act, with obligations on the arbitrator to ensure expeditious resolution of disputes.
Parties may appoint an arbitrator by mutual agreement, leading to dispute resolution under the Arbitration and Conciliation Act, emphasizing the need for adherence to due process.
The court appointed an arbitrator for disputes under the Arbitration and Conciliation Act, affirming the parties' agreement on arbitration without addressing the merits of the controversy.
Appointment of an arbitrator in instances where the respondent does not object to arbitration is valid under the Arbitration and Conciliation Act, emphasizing the importance of efficient dispute reso....
The court appointed an arbitrator to resolve disputes as per the arbitration clause in the agreement, emphasizing that the parties are bound to arbitrate their disagreements.
The court ordered reference to arbitration between the parties due to mutual consent, affirming the arbitrator's authority to resolve all issues related to the dispute.
The court must appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 when there is mutual consent and an existing arbitration agreement.
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