THR. LRS. SMT. INDU CHAWLA & ORS. v. RAJESH SHAH

Delhi High Court · 11 Apr 2013 · 2013:DHC:8024
Manmohan Singh
2013:DHC:8024
civil petition_allowed

AI Summary

The Delhi High Court appointed a mutually agreed sole arbitrator under Sections 11(5), 11(7), and 11(8) of the Arbitration and Conciliation Act, 1996 to adjudicate disputes arising from the parties' agreement, fixing the arbitrator's fee and procedural terms.

Full Text
Translation output
t'f 5/ $-8 {< HIGH COURT OF DELHI ARB.P. 47 s/20t2
/ J.M CSAwLA (SINCE DECEASED) THR. LRS. SMT.INDU
CHAWLA& ORS ..... Petitioners
Through Mr.Arnit Kurnar, Adv. with Mr.Piyush Kaushik, Adv.
VERSUS
RAJESH SHAH ..... Respondent I\&'.Vaibhav Gaggar; Adv. with
Ms. Garima Malhof,'4 Ms. Aparna Iyer & Mr.Tushar Singh, Advs.
Through
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
11.04.2013 The abovementioned petition has been filed by the petitioners under
Sections 11(5), LI(7) and 11(8) of the Arbitation and Conciliation Act, 1996 for appointment of a sole Arbitrator to adjudicate upon the disputes and differences arising under the Agreement and Mandate dated 4tl' January, 2011 executed between the parties.
As agreed by both the parties, Sh.S.K.Mahajan, a retired Judge of this
Court (R/o C-271, Defence Colony, New Delhi-l10024, Mobile
No.9873304200) is appointed as sole Arbitrator to adjudicate upon all the disputes and differences between the parties as rnentioned in this petition, including their clairns and counter-clairns in tenns of the above said agreement. The Arbitator shall conduct the proceedings under the
2013:DHC:8024 ''T v' provisions of the Arbiuation and Conciliation Act, 1996 and shall give prior notice before commencing the proceedings. It is also agreed by the parties that the fee of the learned Arbinator shall be payable to the tune of {30,000/- per hearing which shall be borne by both the parties in equal proportion.
The petition is disposed of in the above said tenns.
A copy of this order be comrnunicated to the learned Arbitrator as well as the Secretary to the fubifration Cenf,'e forthwith. Copies of the satne be also given dasti to the learned counsels for the parties. tunffiil,ftff.il,rJ
APRIL Lt,20t3tk^ 2013:DHC:8024
JUDGMENT