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* IN THE HIGH COURT OF
+ ARB.P.44l20lL
LALIT GULATI & ANR
Through:
DELHI AT NEW DELHI
Petitioner
Mr. Rajat Wadhwa and Mr. Davinder Kumar, Advocates
+ ARB.P.44l20lL
LALIT GULATI & ANR
Through:
DELHI AT NEW DELHI
Petitioner
Mr. Rajat Wadhwa and Mr. Davinder Kumar, Advocates
VERSUS
M/S l.G BUILDERS & PROMOTERS PVf LTD Respondent
Through: Mr. Abhijat, Advocate
Through: Mr. Abhijat, Advocate
CORAM:
HON'BLE MR'. JUSTICE VIPIN SANGHI
% 01.06.20L1
This petition has been preferred by the petitioner under Section
11 of the Act to seek the appointment of a sole arbitrator in accordance with the collaboration agreement dated 26'02'2009 entered into between the parties. The said agreement contains an arbitration clause in clause 32, which states that all disputes arising out or in connection with the agreement between the parties shall be referred to arbitration and the parties shall mutually appoint an arbitrator.
It is the case of the petitioner that the respondent has breached the said agreement by neither making the payment due under the agreement to the petitioner, nor completed the construction as per the agreement and also not paid the penalties contemplated by the said agreement. On the other hand, the respondent disputes these claims
2011:DHC:6950
.a and allegations of the petitioner.
From the aforesaid, it is evident that disputes have arisen between the parties, which are referable to arbitration. The petitioner has invoked the arbitration agreement vide notice dated 27.12.201-0.
However, the parties could not mutually appoint an arbitrator.
Accordingly, this petition has been preferred.
Upon issuance of notice, the respondent has put in appearance.
Counsel of the respondent, on instructions, states that the respondent is agreeable to an arbitrator being appointed by this Court.
Accordingly, I appoint Hon'ble Mr. Justice S.N. Dhingra, retired judge, Delhi High Court as the sole arbitrator to adjudicate the claims and counter claims, set of and adjustments of the parties arising out of the aforesaid agreement.
The learned arbitrator may fix his own fee subject to a ceiling of
T 3 lacs to be shared equally by the parties.
The petitioner may file its statement of claim before the learned arbitrator within six weeks. The respondent may file its counter statement/statement of claim etc. within six weeks thereafter. The parties shall file their respective documents within the said period, and shall also exchange the documents and conduct admission/denial of documents within two weeks of the documents being filed.
The parties shall appear before the learned arbitrator on
:-2.O9.zOLt. The arbitrator is requested to complete the proceedings
I
( ttt within six months upon entering the reference'
Petition stands disPosed of.
A copy of this order be communicated to the learned arbitrator.
Dasti.
VIPIN SANGHI, J
JUNE 01, 2011 sr
{
% 01.06.20L1
This petition has been preferred by the petitioner under Section
11 of the Act to seek the appointment of a sole arbitrator in accordance with the collaboration agreement dated 26'02'2009 entered into between the parties. The said agreement contains an arbitration clause in clause 32, which states that all disputes arising out or in connection with the agreement between the parties shall be referred to arbitration and the parties shall mutually appoint an arbitrator.
It is the case of the petitioner that the respondent has breached the said agreement by neither making the payment due under the agreement to the petitioner, nor completed the construction as per the agreement and also not paid the penalties contemplated by the said agreement. On the other hand, the respondent disputes these claims
2011:DHC:6950
.a and allegations of the petitioner.
From the aforesaid, it is evident that disputes have arisen between the parties, which are referable to arbitration. The petitioner has invoked the arbitration agreement vide notice dated 27.12.201-0.
However, the parties could not mutually appoint an arbitrator.
Accordingly, this petition has been preferred.
Upon issuance of notice, the respondent has put in appearance.
Counsel of the respondent, on instructions, states that the respondent is agreeable to an arbitrator being appointed by this Court.
Accordingly, I appoint Hon'ble Mr. Justice S.N. Dhingra, retired judge, Delhi High Court as the sole arbitrator to adjudicate the claims and counter claims, set of and adjustments of the parties arising out of the aforesaid agreement.
The learned arbitrator may fix his own fee subject to a ceiling of
T 3 lacs to be shared equally by the parties.
The petitioner may file its statement of claim before the learned arbitrator within six weeks. The respondent may file its counter statement/statement of claim etc. within six weeks thereafter. The parties shall file their respective documents within the said period, and shall also exchange the documents and conduct admission/denial of documents within two weeks of the documents being filed.
The parties shall appear before the learned arbitrator on
:-2.O9.zOLt. The arbitrator is requested to complete the proceedings
I
( ttt within six months upon entering the reference'
Petition stands disPosed of.
A copy of this order be communicated to the learned arbitrator.
Dasti.
VIPIN SANGHI, J
JUNE 01, 2011 sr
{
JUDGMENT