IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Striker Beverages Pvt. Ltd. - Appellant
Versus
India Tourism Development Corporation - Respondent
O.M.P.(I) (COMM.) 75 of 2021 & I.A. 2859 of 2021 and I.A. 2860 of 2021
Decided On : 25-02-2021
| Table of Content |
|---|
| 1. petitioner seeks arbitration appointment (Para 1) |
| 2. respondent agrees to arbitration with conditions (Para 2) |
| 3. court appoints arbitrator and details process (Para 3 , 4 , 5 , 6) |
| 4. petition dismissed without costs, issues open (Para 7) |
(Video-Conferencing)
1. Mr. Sudhanshu Batra, learned Senior Counsel for the petitioner, submits that his client would be satisfied if an arbitrator, to arbitrate on the disputes between the parties, is appointed by this Court and this petition is permitted to be treated as an application under Section 17 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the 1996 Act"), to be decided by the learned arbitrator in accordance with law.
2. Mr. Malhotra, learned counsel for the respondents, has no objection to the dispute being referred to arbitration, with the clear caveat that all issues be kept open for arguments before the learned arbitrator.
3. In view thereof, this petition is disposed of by appointing Hon'ble Mr. Justice K. Ramamoorthy, a learned retired Judge of this Court (Mob: 9810529889), as the arbitrator to arbitrate on the dispute between the parties.
4. The present petition is permitted to be treated as an application under Section 17 of the 1996 Act to be decided by the learned arbitrator in accordance with law after granting adequate opportunity to both parties.
5. The parties would get in touch with the learned arbitrator within two days of being communicated a copy of this order by e-mail by the Registry of this court/receipt of a certified copy of this order, whichever is earlier.
6. The learned arbitrator would be entitled to charge fees as per Fourth Schedule to the 1996 Act. The learned arbitrator would furnish the requisite disclosure under Section 12(2) of the 1996 Act within a week of entering on the reference.
7. This petition stands disposed of in the aforesaid terms, without any orders as to costs, keeping all issues left open for decision by the learned arbitrator.
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 permitted a petition to be treated as an application under Section 17 of the Arbitration and Conciliation Act, 1996, to be decided by the arbitrator.
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.
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 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 an arbitrator to resolve disputes between parties, emphasizing adherence to the Arbitration and Conciliation Act procedures.
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.
Parties agreed to refer disputes to arbitration under Section 17 of the Arbitration and Conciliation Act, 1996; interim directions remain operational until arbitrator's decision.
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