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DELHI HIGH COURT
SURESH KUMAR KAIT
DLF Home Developers Ltd. – Appellant
Versus
Shipra Estates Ltd. – Respondent
| Table of Content |
|---|
| 1. dispute over land and agreement execution (Para 2 , 3 , 4 , 5 , 6) |
| 2. requirement for consensual arbitrator appointment (Para 9) |
| 3. appointment of justice pankaj jaiswal as arbitrator (Para 10 , 11 , 12 , 13) |
| 4. disposal of the petition and applications (Para 14 , 15) |
The hearing has been conducted through video conferencing.
I.A. 10082/2021 (u/S 149 r/w Sec. 151 CPC)
1. The application is allowed with direction to file requisite notarized affidavit, court fees and process fees within six weeks. ARB.P. 762/2021 & I.A. 10080-81/2021(exemption)
2. The present petition has been preferred under the provisions of Section 11(6) of the Arbitration and Conciliation Act, 1996 by the petitioner-a company incorporated under the Companies Act, 1956 to resolve the dispute with respondents.
3. Respondent No. 1 is a private company and respondent No.2, again a private company, is wholly owned subsidiary of respondent No.1. Respondent No.3 is the Promoter of respondent No.1. Respondent No.4 is a limited company.
4. The dispute amongst the parties pertains to a piece of land admeasuring 73 acres [2,95,421 square meters] situated in Sector 128, Noida, District
Unilateral appointment of an Arbitrator is impermissible; appointment must be consensual or by the court as per arbitration law.
Arbitrator - Appointment procedure - Company - No single party can be permitted to unilaterally appoint Arbitrator, as it would defeat purpose of unbiased adjudication of dispute between parties.
No single party can be permitted to unilaterally appoint the Arbitrator, as it would defeat the purpose of unbiased adjudication of dispute between the parties.
Disputes arising from agreements can be adjudicated through arbitration, especially when both parties acknowledge arbitration as a viable resolution method.
The court affirmed the arbitrability of disputes arising from a commercial lease agreement, allowing for the appointment of an independent arbitrator to facilitate resolution.
Point of law: Petitioner invoked arbitration in terms of Clause- 12 of the agreement seeking appointment of sole arbitrator.
The court can appoint an Arbitrator when parties fail to mutually agree, as per agreement provisions and arbitration law.
The court has the authority to appoint a substituted sole arbitrator, and the appointed arbitrator must ensure compliance with the provisions of the Arbitration and Conciliation Act, 1996.
Petitioner invoked arbitration in terms of Clause-12 of the agreement seeking appointment of sole arbitrator.
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