M/S Geodesic Techniques Pvt Ltd v. M/S Era Infra Engineering Ltd

Delhi High Court · 31 May 2013 · 2013:DHC:8122
Manmohan Singh
ARB.P. 202/2013
2013:DHC:8122
other petition_allowed

AI Summary

The Delhi High Court appointed a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 to adjudicate disputes between the parties, allowing objections on arbitrability to be raised before the arbitrator.

Full Text
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$-12 HIGH COURT OF DELHI
ARB.P. 202/2013
M/S GEODESIC TECHNIQUES PVT LTD Petitioner
Through Ms.Sangeeta Singh, Adv. withMr.S.
Ravi Shanker, Adv.
VERSUS
M/S ERA INFRA ENGINEERING LTD Respondent
Through Mr.Nilava Banerjee, Adv.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
31.05.2013 Petitioner has filed the present petition under Section 11 of the
Arbitration and Conciliation Act, 1996 for appointment of an arbitrator. The respondent was served. No reply has been filed. Learned counsel for the respondent has no objection if the prayer made in the petition be allowed.
However, he states that according to the respondent some of the claims are not arbitrable. The liberty begranted to the respondent to take the necessary objections before the sole Aibitrator. The suggestion given by the respondent is acceptable to the petitioner. In view of the same, the present petition is allowed. Accordingly, Justice C.K.Mahajan, a retired Judge of this Court, R/o B-47, Friends Colony East, Mathura Road, New Delhi-
110003 (Mob. No.9818000240) is appointed as a sole Arbiti-ator to adjudicate the disputes including their claims and counter-claims. The
Arbitrator shall conduct the proceedings under the provisions of the
2013:DHC:8122 Arbitration and Conciliation Act, 1996 and shall give prior notice before commencing the proceedings. Total fee of the learned Arbitrator shall be payable to the tune of?1,50,000/- which shall be borne by both the parties in equal proportion.
The petitionis accordingly disposed of Copies of this order be given dasti to the learned counsel for the parties. Acopy ofthe order bealso sent to the learned sole Aititrator.
N SINGH, J.
MAY 31, 2013 2013:DHC:8122
JUDGMENT