Full Text
Translation output
2. t<
IN THE HIGH
ARB.P.83I2OTL
SALMAN MALIK
COURT OF DELHI AT NEW DELHI
Through: ..... Petitioner
Mr. Himal Akhtar, Advocate.
VETSUS
PRASAR BHARTI & ANR ,,... Respondents
Through: Mr. Rajeev Sharma, Advocate.
IN THE HIGH
ARB.P.83I2OTL
SALMAN MALIK
COURT OF DELHI AT NEW DELHI
Through: ..... Petitioner
Mr. Himal Akhtar, Advocate.
VETSUS
PRASAR BHARTI & ANR ,,... Respondents
Through: Mr. Rajeev Sharma, Advocate.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI t>--
13.07.20L L
This is a petition under Section 11 of the Arbitration &
Conciliation Act, 1996 to seek appointment of a sole Arbitrator. The parties entered into an agreement dated 29.08.2005 which contains an arbitration agreement in Clause 16. As per the agreement, the Sole
Arbitrator had to be appointed by the Chief Executive Officer, Prasar
Bharti (BCl). The case of the petitioner is that the petitioner invoked
- the arbitration agreement, as disputes have arisen under the
,\r agreement, vide the notice bated 04.01.2011. However, the Arbitrator was not appointed. From the perusal of the notice, it appears that the petitioner has various claims against the respondent arising out of the agreement, which have not been settled. Consequently, disputes have arisen between the parties, Upon issuance of notice, learned counsel for the respondent puts o/o
2011:DHC:6778
'3
\2-- in appearance. He has no objection to the appointment of a Sole'
Arbitrator by the court.
Accordingly, this petition is allowed. I appoint, Mr. P.C. Sen, Advocate, Mobile No.9810045291, as the Sole Arbitrator. The fees of the Sole Arbitrator is fixed at Rs.50,000/-, to be shared equally by the parties, apart from all other out of pocket expenses.
Let the petitioner file his statement of claim before the learned
Arbitrator within two weeks with advance copy to the respondent. The respondent may file its counter-statement and counter-claims, if any, within two weeks thereafter. The parties shall also file their respective documents along with their pleadings. The admission/denial of documents shall also be done by the parties on affidavits at least one week before the date fixed before the learned Arbitrator.
The parties shall appear before the learned Arbitrator with proposed issues on 29.08,2011 after fixing the time in consultation with him. lt is hoped that the learned Arbitrator shall decide the reference within four months of the first sitting.
A copy of this order be communicated to the learned Arbitrator, The petition stands disposed of. Dasti, JULY 13, 2Ot t
,BSR'
- vtPtN SANGHl, J
2011:DHC:6778
13.07.20L L
This is a petition under Section 11 of the Arbitration &
Conciliation Act, 1996 to seek appointment of a sole Arbitrator. The parties entered into an agreement dated 29.08.2005 which contains an arbitration agreement in Clause 16. As per the agreement, the Sole
Arbitrator had to be appointed by the Chief Executive Officer, Prasar
Bharti (BCl). The case of the petitioner is that the petitioner invoked
- the arbitration agreement, as disputes have arisen under the
,\r agreement, vide the notice bated 04.01.2011. However, the Arbitrator was not appointed. From the perusal of the notice, it appears that the petitioner has various claims against the respondent arising out of the agreement, which have not been settled. Consequently, disputes have arisen between the parties, Upon issuance of notice, learned counsel for the respondent puts o/o
2011:DHC:6778
'3
\2-- in appearance. He has no objection to the appointment of a Sole'
Arbitrator by the court.
Accordingly, this petition is allowed. I appoint, Mr. P.C. Sen, Advocate, Mobile No.9810045291, as the Sole Arbitrator. The fees of the Sole Arbitrator is fixed at Rs.50,000/-, to be shared equally by the parties, apart from all other out of pocket expenses.
Let the petitioner file his statement of claim before the learned
Arbitrator within two weeks with advance copy to the respondent. The respondent may file its counter-statement and counter-claims, if any, within two weeks thereafter. The parties shall also file their respective documents along with their pleadings. The admission/denial of documents shall also be done by the parties on affidavits at least one week before the date fixed before the learned Arbitrator.
The parties shall appear before the learned Arbitrator with proposed issues on 29.08,2011 after fixing the time in consultation with him. lt is hoped that the learned Arbitrator shall decide the reference within four months of the first sitting.
A copy of this order be communicated to the learned Arbitrator, The petition stands disposed of. Dasti, JULY 13, 2Ot t
,BSR'
- vtPtN SANGHl, J
2011:DHC:6778
JUDGMENT