M/S STARCON INFRA PROJECTS(INDIA) PVT LTD v. M/S ADVANCE INDIA PROJECTS LTD

1. Present petition has been filed by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996, for appointment of Arbitrator.

2. Petitioner is stated to be in the business of construction and development work. As per the petition, respondent had invited bids with respect to excavation and allied works for its proposed "The Celebration ' Mall" at commercial plot of Bhuwana Residential Scheme, Phase-ll of Urban lmprovement Trust Nathdwara Udaipur City Road, Udaipur. Petitioner submitted its bid, consequent to which, the respondent, vide Letter of Intent dated 22.9.2006, awarded the work of excavation and allied earth works for the proposed The Celebration Mall, Udaipur, Rajasthan, to the petitioner. According to the petitioner the work stands completed, however, according to the respondent the respondent has only completed part of the work and, thus, certain disputes have arisen between the parties. Arbitration Clause is not disputed by learned counsel for the respondent. e- 2011:DHC:1938[8] -0 1 [- I

3. In view of above, present petition is allowed. Justice Ajit Bharihoke, a formerJudge of this Court (Cell. No.9650110057), is appointed as a sole Arbitrator to adjudicate upon all disputes including claims and counter claims, arising out of the Agreement dated 22.9.2009 between the parties. lt is agreed between the parties that fee of the Arbitrator shall be borne by the parties equally as per the schedule maintained by Delhi High Court Arbitration Centre. The Arbitrator shall give prior notice to the parties before commencing the proceedings

4. Petition stands disposed of in view of above.

OCTOBER L[7], 2OLL msr ARB.P. LL5/2077 / -E -S 3'*/e>- -4- G.S.SISTANI,J q