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:F -4 HIGH COURT OF DELHI ARB.P, qLI2OIT M/SJ.M INDUSTRIES (P) LTD ..... Petitioner
Through: Mr. S.S, Ray & Mr. Rajan Tyagi, Advocates.
:F -4 HIGH COURT OF DELHI ARB.P, qLI2OIT M/SJ.M INDUSTRIES (P) LTD ..... Petitioner
Through: Mr. S.S, Ray & Mr. Rajan Tyagi, Advocates.
VERSUS
VOLVO EICHER COMMERCIAL VECHICLES LTD ...,. Respondent
Through: Mr. Sanjay Agnihotri, Advocate.
Through: Mr. Sanjay Agnihotri, Advocate.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
ORDER o/o L9.08.2O11 This petition has been preferred under Section 11 of the
Arbitration & Conciliation Act, 1996 to seek the appointment of a sole
Arbitrator to adjudicate the disputes between the parties in terms of
Clause 32 otthe Dealership Agreement dated 0L.12.2006.
Upon issuance of notice, the respondent has put in appearance.
Learned counsel for the respondent submits that the respondent has no objection to the appointment of a sole Arbitrator by this Court in terms of the arbitration agreement. lt is stated that the quantum of claims being only about Rs.3,26,5OOl-, an appropriate Arbitrator may be appointed.
Accordingly, I appoint Ms. Padma Priya, Advocate, as the sole
Arbitrator to adjudicate the claims of the petitioner. The fees of the learned Arbitrator is fixed at Rs.30,000/-, to be equally shared by the e n
2011:DHC:6785 V parties, apart from all other out of pocket expenses. The fees has been fixed as it is stated that the dispute between the parties is simple and related only to reconciliation of accounts, which would not take much time.
The parties are also agreeable to exploring the possibilities of a mediated settlement. Let the parties appear before the Delhi High
Court Mediation Centre on 30,08.2011 at 03:30 P.M. ln case the mediation efforts are successful and settlement is reached between learned Arbitrator, However, in case, the matter is not so settled, the learned Arbitrator shall enter upon the reference after 15.10.20L1.
The parties shall inform the learned Arbitrator accordingly, The petition stands disposed of.
'l AUGUST t 9, zo1r.
":"' sANGHt, J 2011:DHC:6785
ORDER o/o L9.08.2O11 This petition has been preferred under Section 11 of the
Arbitration & Conciliation Act, 1996 to seek the appointment of a sole
Arbitrator to adjudicate the disputes between the parties in terms of
Clause 32 otthe Dealership Agreement dated 0L.12.2006.
Upon issuance of notice, the respondent has put in appearance.
Learned counsel for the respondent submits that the respondent has no objection to the appointment of a sole Arbitrator by this Court in terms of the arbitration agreement. lt is stated that the quantum of claims being only about Rs.3,26,5OOl-, an appropriate Arbitrator may be appointed.
Accordingly, I appoint Ms. Padma Priya, Advocate, as the sole
Arbitrator to adjudicate the claims of the petitioner. The fees of the learned Arbitrator is fixed at Rs.30,000/-, to be equally shared by the e n
2011:DHC:6785 V parties, apart from all other out of pocket expenses. The fees has been fixed as it is stated that the dispute between the parties is simple and related only to reconciliation of accounts, which would not take much time.
The parties are also agreeable to exploring the possibilities of a mediated settlement. Let the parties appear before the Delhi High
Court Mediation Centre on 30,08.2011 at 03:30 P.M. ln case the mediation efforts are successful and settlement is reached between learned Arbitrator, However, in case, the matter is not so settled, the learned Arbitrator shall enter upon the reference after 15.10.20L1.
The parties shall inform the learned Arbitrator accordingly, The petition stands disposed of.
'l AUGUST t 9, zo1r.
":"' sANGHt, J 2011:DHC:6785
JUDGMENT