Tejaswi High School v. Educomp Solutions Limited

High Court of Delid At New Delid · 15 Sep 2015 · 2015:DHC:10752
J. R. Midha
ARB.P. 118/2015 & CCP(O) 68/2015
2015:DHC:10752
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 between the parties, with fees computed on the aggregate claim value.

Full Text
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* IN THE HIGH COURT OF DELID AT NEW DELID
+ ARB.P. 118/2015 & CCP(O) 68/2015
TEJASWI HIGH SCHOOL,SPONSORED BY
VEDA VANDITHA EDUCATIONAL SOCIETy ..... Petitioner
Through: Mr. Sowri Dev and Mr. Alnit
Rathore, Advocates.
VERSUS
i EDUCOMP SOLUTIONS LIMITED & ANR. ..... Respondents
Through: Mr. Ganpathi and Mr. D.K. Devesh, I
Advocates.
I :
I I Ms. Sonia Singhania and Mr. N.K.
, I
Bhatnagar, Advocates.
I
+ ARB.P. 119/2015
JUDGMENT

8 TEJASWI HIGH SCHOOL SPONSORED BY SAKTIDHAR EDUCATIONAL SOCIETy..... Petitioner I: Through: Mr. Sowri Dev and Mr. Amit. I I; I I versus I !: i II EDUCOMP SOLUTIONS LIMITED & ANR...... Respondents + i; ARB.P.120/2015 9 TEJASWI HIGH SCHOOL RESIDENTIAL,SPONSORED BYSRI SRINIVASA EDUCATIONAL SOCIETy..... Petitioner Through: Mr. Sowri Dev and Mr. Amit versus I; ! I EDUCOMP SOLUTIONS LIMITED & Al\TR...... Respondents I: I I: 2015:DHC:10752 II,, I !,-­ CORAM: HON'BLE MR.

JUSTICE J.R. MIDHA ORDER % 15.09.2015 C<CP(O) 68/2015 I I Learned counsel for the petitioner does not press this petition with re~a;~d to appointment of the arbitrator by this Court. The contempt petition I I is f~sposed of as not pressed. ARB.P.I1S/2015 I [ ARB.P.119/2015 I 1 ARB.P.120/2015

1. 1 j The petitioner is seeking appointment of an arbitrator under Section I 11 dfthe Arbitration and Conciliation Act. I

2. i There is a valid arbitration agreement between the parties and disputes hatt arisen. under the said agre~ment. Lea~ed counsels for the parties agree to the appomtment ofa sole arbItrator by thIS court. 3.[1] Learned counsel for respondent submits that the respondent has five co~tacts with the petitioner and the arbitrator be appointed in respect of all th~s~ claims to which learned counsel for petitioner has no objection. I I 4.[1] i Lealued counsel for respondent submits that the fees of the arbitrator I be!1omputed by taking the gross value of the five claims which are to the tune ofRs.l,50,00,000/-. I, I I I 5.\! The petition is allowed and Mr. Justice P.K. Bahri (Retd.) is app~inted as sole arbitrator to adjudicate the disputes between the parties indlbding their claims and counter-claims. The arbitration shall take place unk~r the aegis of Delhi International Arbitration Centre ('DAC'). The fees I I ofIthe learned Arbitrator shall be computed on the gross value of all the \: I ! I c1a1ills between the parties

6. Copy of this order be given dasti to counsel for the petitioner under the s:gnature of the Court Master. A copy of this order be delivered to the learned Arbitrator as well as Additional Coordinator, DAC forthwith. II !. i I. ' I:.~, J.R. MIDHA, J. SE(P~EMBER 15, 2015 aki' • i, i I I,