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HIGH COURT OF DELHI
ARB.P.298|2OLL & l.A. No. 1590712011 M/S MMTC LIMITED ..... Petitioner
Through: Mr. Sanjeev Puri, Senior Advocate, with Mr. Sayan Ray, Advocate.
VETSUS
M/S STEEL AUTHORITY OF INDIA LIMITED & ANR..... Respondents
Through: Mr. Sharat Kapoor, Advocate. l\i \ CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
ORDER o/o 3O.O9.2O11 lssue notice. Counsel for the respondents accepts notice. Let a complete paper book be.provided to him today itself.
I have heard the learned counsel and there is no need for filing the reply.
This petition has been preferred to seek appointment of a Sole t S Arbitrator to adjudicate the disputes between the parties. Learned counsel for the respondents submits that the respondents are agreeable to the constitution of the Arbitral Tribunal in terms of Clause
24 of the contract between the parties. Learned counsel for the respondents further submits that the constitution of the Tribunal should be done in terms of the rule without any delay. The petitioner is agreeable to the said procedure being adopted.
Accordingly, the parties are directed to resort to the procedure
2011:DHC:19379 F) t'\ prescribed for constitution of the Arbitral Tribunal under Clause 24 of the General Conditions of Contract read with the SCOPE Forum of
Conciliation and Arbitration Rules, 2003. lt is agreed between the parties that conciliation effort has already failed and, therefore, the
Tribunal be constituted without any delay by SCOPE Forum in terms of the arbitration clause. ln view of the aforesaid, learned counsel for the respondents, on instructions, submits that the respondents would not proceed with the proceedings before respondent No. 2.'
The petition stands disPosed of.
Dasti.
VIPIN SANGHI, J SEPTEMBER 30, 2011 ,BSR' I} t
2011:DHC:19379
HIGH COURT OF DELHI
ARB.P.298|2OLL & l.A. No. 1590712011 M/S MMTC LIMITED ..... Petitioner
Through: Mr. Sanjeev Puri, Senior Advocate, with Mr. Sayan Ray, Advocate.
VETSUS
M/S STEEL AUTHORITY OF INDIA LIMITED & ANR..... Respondents
Through: Mr. Sharat Kapoor, Advocate. l\i \ CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
ORDER o/o 3O.O9.2O11 lssue notice. Counsel for the respondents accepts notice. Let a complete paper book be.provided to him today itself.
I have heard the learned counsel and there is no need for filing the reply.
This petition has been preferred to seek appointment of a Sole t S Arbitrator to adjudicate the disputes between the parties. Learned counsel for the respondents submits that the respondents are agreeable to the constitution of the Arbitral Tribunal in terms of Clause
24 of the contract between the parties. Learned counsel for the respondents further submits that the constitution of the Tribunal should be done in terms of the rule without any delay. The petitioner is agreeable to the said procedure being adopted.
Accordingly, the parties are directed to resort to the procedure
2011:DHC:19379 F) t'\ prescribed for constitution of the Arbitral Tribunal under Clause 24 of the General Conditions of Contract read with the SCOPE Forum of
Conciliation and Arbitration Rules, 2003. lt is agreed between the parties that conciliation effort has already failed and, therefore, the
Tribunal be constituted without any delay by SCOPE Forum in terms of the arbitration clause. ln view of the aforesaid, learned counsel for the respondents, on instructions, submits that the respondents would not proceed with the proceedings before respondent No. 2.'
The petition stands disPosed of.
Dasti.
VIPIN SANGHI, J SEPTEMBER 30, 2011 ,BSR' I} t
2011:DHC:19379
JUDGMENT