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* IN THE HIGH COURT OF
ARB.P. TLTIZOII
AAS MOHAMMAD
Through:
DELHI AT NEW DELHI..... Petitioner
Mr. Puneet Sharma, Advocate
,'
VCTSUS
AHMAD ALI
Through:
ARB.P. TLTIZOII
AAS MOHAMMAD
Through:
DELHI AT NEW DELHI..... Petitioner
Mr. Puneet Sharma, Advocate
,'
VCTSUS
AHMAD ALI
Through:
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI..... Respondent
08.08.20L L
Despite service none appears for the respondent.
This petition has been preferred under Section 11 of the
Arbitration and Conciliation Act to seek the appointment of an arbitrator in terms of clause 15 of the agreement dated 18.05.2009 entered into between the parties. Under this agreement, the respondent had undertaken to carry out civil construction works for the petitioner. Clause 15 of the said agreement contains the arbitration agreement between the parties, which provides that the disputes between them shall be referred to arbitration of a person mutually acceptable to both of them, whose decision shall be final and binding on them.
According to the petitioner, the petitioner invoked the arbitration agreement as disputes have arisen between the parties on 23.L2.2010.
The respondent sent its reply to the said notice, whereby the o/o
.-
08.08.20L L
Despite service none appears for the respondent.
This petition has been preferred under Section 11 of the
Arbitration and Conciliation Act to seek the appointment of an arbitrator in terms of clause 15 of the agreement dated 18.05.2009 entered into between the parties. Under this agreement, the respondent had undertaken to carry out civil construction works for the petitioner. Clause 15 of the said agreement contains the arbitration agreement between the parties, which provides that the disputes between them shall be referred to arbitration of a person mutually acceptable to both of them, whose decision shall be final and binding on them.
According to the petitioner, the petitioner invoked the arbitration agreement as disputes have arisen between the parties on 23.L2.2010.
The respondent sent its reply to the said notice, whereby the o/o
.-
2011:DHC:6802
F"
,1: respondent has rejected the name of the arbitrator suggested by the petitioner.
From the petition, it appears that the parties have indeed entered into arbitration and the same contains the arbitration agreement. lt is also clear that disputes appear to have arisen between the parties, which are live and requires to be resolved through arbitration. Accordingly, this petition is allowed.
I appoint, Mr. s.M. chopra, Retd.ADJ (Mobile No.9213230349) as the sole arbitrator to adjudicate the claims and counter claims of the parties. The fee of the learned arbitrator shall be paid in terms of schedule of fee fixed by the Delhi High Court Arbitration Centre under the rules
A copy of this order be communicated to
Petition stands disPosed of. the learned arbitrator.
VIPI
+, -f
AUGUST 08, 201L
ST
4:::l; :;:;f'r jq
GHl, J
2011:DHC:6802
F"
,1: respondent has rejected the name of the arbitrator suggested by the petitioner.
From the petition, it appears that the parties have indeed entered into arbitration and the same contains the arbitration agreement. lt is also clear that disputes appear to have arisen between the parties, which are live and requires to be resolved through arbitration. Accordingly, this petition is allowed.
I appoint, Mr. s.M. chopra, Retd.ADJ (Mobile No.9213230349) as the sole arbitrator to adjudicate the claims and counter claims of the parties. The fee of the learned arbitrator shall be paid in terms of schedule of fee fixed by the Delhi High Court Arbitration Centre under the rules
A copy of this order be communicated to
Petition stands disPosed of. the learned arbitrator.
VIPI
+, -f
AUGUST 08, 201L
ST
4:::l; :;:;f'r jq
GHl, J
2011:DHC:6802
JUDGMENT