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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




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.

Headnote:(A) Arbitration and Conciliation Act, 1996 - Section 17 - Petition for appointment of arbitrator - The petitioner seeks the appointment of an arbitrator to resolve disputes, with both parties agreeing to the referral to arbitration while keeping issues open for consideration. (Paras 1-4)

(B) Arbitrator appointment - The court appoints a retired judge as arbitrator to ensure a fair resolution of disputes between the parties. (Paras 3 & 4)

Facts of the case:
The petitioner, Striker Beverages Pvt. Ltd., requested arbitration for disputes involving the India Tourism Development Corporation, seeking court appointment of an arbitrator.

Findings of Court:
The learned arbitrator is to arbitrate under the provisions of the Arbitration and Conciliation Act, 1996.

Issues: The key issue involved the consent of both parties to arbitration and the manner of appointment of the arbitrator.

Ratio Decidendi: The court affirmed the need for an impartial arbitrator, appointing a retired judge to ensure fairness in resolving disputes.

Result: Petition disposed of without orders as to costs.

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)

ORDER (ORAL)

(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.

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