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IN THE HIGH COURT OF DELHI AT NEW DELHI
MINI PUSHKARNA, J
KALPATARU PROJECTS INTERNATIONAL LIMITED – Appellant
Versus
NORTHERN RAILWAY – Respondent
| Table of Content |
|---|
| 1. filing a petition for arbitrator appointment. (Para 1 , 2) |
| 2. petitioner's objection to arbitration clause validity. (Para 3 , 4) |
| 3. respondent's defense on arbitration clause. (Para 5 , 6) |
| 4. analysis of arbitration clause structure. (Para 7 , 8) |
| 5. ineligibility under arbitration act provisions. (Para 9 , 10 , 11 , 12) |
| 6. court's discretion for appointing sole arbitrator. (Para 13 , 14 , 15) |
| 7. final order of arbitrator appointment. (Para 16 , 17 , 18 , 19 , 20) |
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
MINI PUSHKARNA, J. (Oral):
1. The present petition has been filed under Sections 11 (4) read with 11(6) of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) filed on behalf of Kalpataru Projects International Limited. The petition initially sought appointment of the respondent’s nominee Arbitrator in terms of the Arbitration Clause between the parties, however, at the time of hearing of the petition, the petitioner has prayed for appointment of a Sole Arbitrator.
2. It is the case of the petitioner that in terms of the agreed procedure, the petitioner by way of Notice of dispute dated 13th June, 2025, under Section 21 of the Arbitration Act, nominated Justi
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