Sarvahitha Educational Society v. Educomp Solutions Limited & Anr.

Delhi High Court · 15 Sep 2015 · 2015:DHC:10739
J. R. Midha
ARB.P.73/2015
2015:DHC:10739
civil appeal_allowed

AI Summary

The Delhi High Court appointed a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 to adjudicate disputes arising from multiple contracts, directing fees computation on the gross value of all claims.

Full Text
Translation output
1 'I I i ! I ! I HIGH COURT OF DELHI
ARB.P.73/2015
JUDGMENT

5 SARVAHITHA EDUCATIONAL SOCIETy..... Petitioner 'I·, Through: Mr. Sowri Dev and Mr. Amit, Rathore, Advocates.

VERSUS

1 EDUCOMP.SOLUTIONS LIMITED & A~..... Respondents, Through: Mr. Ganpathl and Mr. D.K. Devesh, Advocates. + ARB.P. 74/2015 6 SARVAHITHA EDUCATIONAL SOCIETy..... Petitioner Through: Mr. Sowri Dev and Mr. Amit Rathore, Advocates. versus i EDUCOMPSOLUTIONSLIMITED & ANR...... Respondents Through: Mr. Ganpathi and Mr. D.K. Devesh, Advocates. I I CORAM: 'I HON'BLE MR.

JUSTICE J.R. MIDHA ORDER 0/0 15.09.2015 1.; The petitioner is seeking appointment of an arbitrator under Section 11 ofithe Arbitration and Conciliation Act.

2. ~ There is a valid arbitration agreement between the parties and disputes have iarisen under the said agreement. Learned counsels for the parties agree to ti~ appointment ofa sole arbitrator by this Court. i ' i,.

3. I: Learned counsel for respondent submits that the respondent has 53 conr~cts with the petitioner and the arbitrator be appointed in respect of all 2015:DHC:10739 thesJ ~laims to which leruned counsel for petitioner has no objection. I

4. \Lealned counsel for the respondent submits that the fees of the arbitrdtor be computed by taking the gross value of the 53 claims which are II to the rIlle ofRs.l[1],OO,OO,OOO/-. !

5. The petition is allowed and Mr. Justice P.K. Bahri (Retd.) is i apPii+ted as sole arbitrator to adjudicate the disputes between the parties incl1~ing their claims and counter-claims. The arbitration shall,take place und,rithe aegis of Delhi International Arbitration Centre ('DAC'). The fees of the learned Arbitrator shall be computed on the gross value of all the clairhs between the parties.

6. I 1COPY of this order be given dasti to counsel for the petitioner under the signature of the Court Master. A copy of this order be delivered to the leJ~dArbitrator as well as Additional Coordinator, DAC forthwith. I J.R. MIDHA, J. -. SE~'l1EMBER15, 2015 ak I