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? HIGH COURT OF DELHI ARB.P, 180/2011 AGILITY LOGISTICS PVT LTD ...,, Petitioner
Through: Mr. Joydeep Mazumdar, Advocate.
VCTSUS
RGANISING COMMITTEE CWG 2010 .,... Respondent
Through: Mr. Rohit Aggarwal ad Mr. Sanjay Agnihotri, Advocates.
? CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
ORDER o/o 12'09.2011 Learned counsel for the respondent states that the respondent is agreeable to constitution of Arbitral Tribunal in terms of Clause 39.6 of the agreement. The petitioner has already nominated Hon'ble Mr. Justice R.C. Lahoti, retired Chief Justice of India, as one of the nomi nated Arbitrators.
I appoint Hon'ble Mr. Justice B.N. Aggarwal, retired Judge, Supreme Court of India, as the second Arbitrator. The two learned
Arbitrators may proceed to appoint the Presiding Arbitrator in terms of agreement between them.
The petition stands disposed of.
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2011:DHC:6841 $-2 HIGH COURT OF DELHI
ARB.P. 180/2011
AGILITY LOGISTICS PVT LTD ..... Petitioner
Through: Mr. Joydeep Mazumdar and Mr. Rohit Dutta. Advocates
Through: Mr. Rohit K. Aggarwal and Ms. Amita Singh, Advocates
ORDER
1. The application has been perused. It is stated that the assets and liabilities of the Respondent have been taken over by the Government of India. It is stated that since it is the endeavour of the Government to minimize the cost in all areas of activities of the Organizing Committee, the matter should be referred to a Single Arbitrator instead of Three Member Arbitral Tribunal as envisaged in the agreement. The prayer is strongly opposed by the counsel for the Petitioner who points out that the Government of India having taken over the Organizing Committee, the plea of inability to afford the cost of arbitration cannot be entertained. There seems to be merit in the objection raised by the learned counsel for the Petitioner to the plea of the Respondent.
2. The prayer is rejected. The application is dismissed. ':" ARB.P. 180/2011
1. The'Registry informs the Court that Mr. Justice B.N. Aggarwal, learned retired Judge, Supreme Court of India, who was appointed as the Second Arbitrator by an order dated 12th September 20II has declined to act as an Arbitrator.
2. In the circumstances, this Court appoints Mr. Justice D.P. Wadhwa, learned retired Judge of the Supreme Court, C-25, Panchsheel Enclave, New Delhi-17 as the Second Arbitrator. The Petitioner has already nominated Mr. Justice R.C. Lahoti, learned retired Chief Justice of India, 8-56, Sector 14, Noida, U.P. 20123I as one of the Arbitrators. It is accordingly directed that the learned Arbitrators may appoint the third i.e., the Presiding Arbitrator in terms of the agreement between the parties.
3. A copy of this order will be sent forthwith each to Mr. Justice R.C. Lahoti as well as Mr. Justice D.P. Wadhwa.
4. Order dasti.
S. MURALIDHAR. J
DECEMBER 2I.201,I 'raj'