Schindler India Pvt Ltd v. ARN Infrastructure India Ltd

1. The learned counsel for the respondent informs me that he has taken instructions to the effect that this court may appoint a sole arbitrator in respect ofthe disputes raised in the captioned petition. 1.[1] Accordingly, Hon'ble Mi". Justice J.P. Singh, a former Judge of this Court (Mobile No.9810053190), is appointed as an arbitrator in the matter. ARB.P. 201/2013 & OMP 439/2013 2013:DHC:8441 1.[2] The parties and their counsels shall appear before the learned Arbitrator on 29.11.2013 at 3.00 p.m. 1.[3] The counsels are also agreed that the arbitration proceedings >be governed by the fee schedule and the rules applicable to the Delhi International Arbitration Centre (DIAC). It is ordered accordingly. Needless to say,' the parties shall be free to prefer their claims and counter claims, if any, before the learned arbitrator, which the learned arbitrator shall decide in accordance with the law.

2. At this stage, the learned counsel for the parties submit that the petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (in short the Act) alongwith the reply and the affidavit dated 29.05.2013 be placed before the learned Arbitrator, who should be empowered to deal with the same as an application under Section 17 of the Act. It is ordered accordingly.

3. It is noted, however, that in the affidavit dated 29.05.2013, the petitioner has provided a list of fixed assets as on 31.03.2013. The sum total of the value provided in the affidavit is Rs.14,73,502/-. The petitioner's claims for the balance unpaid amount are approximately Rs.85,29,803/-. If the affidavit filed by the respondent is accepted without more, then prima facie, the petitioner requires to be secured. 3'1 At this stage, the learned counsel for the respondent says that the respondent will be able to demonstrate that it has other assets, and in that behalf, an audited balance sheet shall be filed before the learned arbitrator. Since the petition under Section 9 of the Act has been placed before the learned arbitrator for appropriate orders, the arbitrator will take a decision in ARB.P. 201/2013 &OMP 439/2013 page2of[3] that behalf, after hearing both parties.

4. In these circumstances, the captioned petitions are disposed of in terms of the directions issued hereinabove. ?.ILlV RAJIV SHAKDHER, J NOVEMBER 07, 2013 Yg