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HIGH COURT OF DELHI
ARB.P. 279/2011
MANOJ MOTWANI Petitioner
Through: Mr. Jawahar Chawla, Advocate
ARB.P. 279/2011
MANOJ MOTWANI Petitioner
Through: Mr. Jawahar Chawla, Advocate
VERSUS
OM PRAKASH SHARMA Respondent
Through:
Through:
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
20.09.2011 This petition has been preferred under section 11 of the
Arbitration and Conciliation Act to seek the appointment of the agreed arbitrator, Mr. R.B. Arora, Advocate or any other advocate as an arbitrator to settle the disputes and differences between the parties.
As per clause 8 of the agreement, Mr. R.B. Arora, Advocate is the
V named arbitrator.
The petitioner has invoked the arbitration agreement by sending a legal notice dated 01.07.2011 to the respondent. However, the petitioner has not invoked the arbitration agreement by approaching the named arbitrator.
2011:DHC:6968 V, In my view, this petition is premature as the petitioner has not exhausted the right available to it under the arbitration agreement.
Accordingly, this petition is dismissed with liberty to the petitioner to invoke the arbitration agreement in terms thereof.
SEPTEMBER 20, 2011 sr VIPIN SANGHI, J 2011:DHC:6968
20.09.2011 This petition has been preferred under section 11 of the
Arbitration and Conciliation Act to seek the appointment of the agreed arbitrator, Mr. R.B. Arora, Advocate or any other advocate as an arbitrator to settle the disputes and differences between the parties.
As per clause 8 of the agreement, Mr. R.B. Arora, Advocate is the
V named arbitrator.
The petitioner has invoked the arbitration agreement by sending a legal notice dated 01.07.2011 to the respondent. However, the petitioner has not invoked the arbitration agreement by approaching the named arbitrator.
2011:DHC:6968 V, In my view, this petition is premature as the petitioner has not exhausted the right available to it under the arbitration agreement.
Accordingly, this petition is dismissed with liberty to the petitioner to invoke the arbitration agreement in terms thereof.
SEPTEMBER 20, 2011 sr VIPIN SANGHI, J 2011:DHC:6968
JUDGMENT