Full Text
Through . Mr. R.K. Mittal & VIr' Nitin Mittal, Advs.
Through Mr. Gaurang Kund, Adv'
08.0s.2013
ORDER
1. The petitioner is aggrieved by the letters dated 26tt' and 27il, May,2011 issued by the respondent to the petitioner.
2. Vide order dated 2nd June, 2OII, the operation of the letter dated 26tt May,2011 was stayed by this court.
3. Learned counsel for the petitioner submits that he has already invoked arbitration agreement on 16d'Muy, 20ll'
4. Learnedcounselforthepetitionersubmitsthatthe validity of the letter dated 26't'1y1'ay,2011 be examined by the Arbitrator under section 17 0f the Arbitration & conciliation Act, 1996 andtill then, the stay of the letter dated 26Lt' May, 201 1 should continue' J 2013:DHC:7113 ls a
5. Learned counsel for the petitioner further subrnits that a Local Commissioner was appointed by this Court on 21't November, 201I and the. report of the Local Commissioner is on record.
6. Learned counsel for the respondents submit that they have objections to the said report. Let the objections, if uny, of the respondents of the said report be filed before the learned Arbitrator.
7. Learned counsels for both the parties submit that the arbitrator in terms of the agreement shall be appointed within a period of one month.
8. Both the parties shall make submissions with respect of the leffer dated 26s. Muy, 2011 before the learned Arbitrator and the interim order dated 26n' May, 2011 relating to the stay of the letter dated 26't'May,2011 shall continue till the same is modified/vacated by the learned Arbitrator under Section 17 of the Arbitration &, Conciliation Act, 1996.
9. The petition stands disposed of on the above terms.
10. A copy of this order be given dasti to both the parties under the signatures of the Court Master. a MAY 08, 2013 ab J.R.T,IIDHA, J