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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Himgiri Automobiles Private Limited - Appellant
Versus
Ram Avtar Yadav - Respondent
Arb.P. 263 of 2021
Decided On : 18-11-2021
Important Points
Subject
Dispute Resolution - Arbitration
Headnote
Facts of the case:
The appellant and the respondent reached a consensus for arbitration regarding their disputes, which includes the allowance for counterclaims.
Findings of Court:
The court agreed to refer the disputes to DIAC for arbitration and without prejudging the claims or defenses.
Issues: The primary issue was the agreement to arbitrate and the consideration of counterclaims.
Ratio Decidendi: The court emphasized the significance of allowing both parties to present their claims and defenses in the arbitration proceeding.
Result: Petition disposed of by referring the disputes to DIAC for arbitration.
| Table of Content |
|---|
| 1. agreement for arbitration and counterclaims (Para 1 , 2) |
| 2. procedural aspects of arbitration under diac (Para 3 , 4 , 5) |
| 3. disposal of the petition and referral to arbitration (Para 6) |
ORDER (Oral)
(Video-Conferencing)
1. Learned counsel for the parties ad idem agree for reference of the disputes to arbitration, the only caveat of Ms. Sneha Pandey, learned counsel for the respondents, being that respondents should also be permitted to prefer counter claims, in the arbitral process.
2. Mr. Dhir, learned counsel appearing for the petitioner, has no objection.
3. Both counsels are agreeable to the matter being referred to the Delhi International Arbitration Centre (DIAC), to appoint a suitable arbitrator to arbitrate on the disputes between the parties. As such, keeping alive all questions of fact and law, as well as all defences on both sides open for agitation in the arbitral process, and without expressing any opinion on the merits or the maintainability of the claims/counter-claims being sought to be agitated, this petition is disposed of by referring the disputes between the parties to the DIAC, to appoint a suitable arbitrator to arbitrate on the disputes between the parties.
4. The arbitration would take place under the aegis of the DIAC and would abide by its rules and regulations.
5. The fees of the arbitrator would also be as per the Schedule of Fees maintained by the DIAC.
6. This petition stands disposed of in the aforesaid terms.
