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* IN THE HIGH COURT OF
ARB.P.7OIZOTL
AMMAR MEHROTRA
Through:
VETSUS
SYMBIOSIS SOCIETY
Through:
DELHI AT NEW DELHI
Petitioner
Mr. Arun Kumar Verma, Mr' Dhruv
Malik, Advocates
ResPondent
Mr. AnuPam Lal Das and Rani
Bhardwaj, Advocates a
,a
Y
'3
* IN THE HIGH COURT OF
ARB.P.7OIZOTL
AMMAR MEHROTRA
Through:
VETSUS
SYMBIOSIS SOCIETY
Through:
DELHI AT NEW DELHI
Petitioner
Mr. Arun Kumar Verma, Mr' Dhruv
Malik, Advocates
ResPondent
Mr. AnuPam Lal Das and Rani
Bhardwaj, Advocates a
,a
CORAM:
HON'BLE MR. rusTlcE vlPlN SANGHI o/o 26.O5.20L1
The parties have taken instiuctions. lt is agreeable to both the parties that the arbitration be conducted by a tribunal of three arbitrators. This suggestion was made on account of the fact that the disputes involved are of a technical nature and would require experts to look into them.
It is agreed by the parties that each of them shall nominat'e one technically qualified arbitrator and the Court may appoint the presiding arbitrator, who may be a retired judge. The parties also agree to the conduct of the arbitration under the Rules of the Delhi High Court
Arbitration Centre.
The petitioner has nominated Mr. K.K. Varma, retired Additional
Director General, cPwD, EA-290, Maya Enclave, New Delhi-1l0064' on the other hand, the respondent has'nominated Mr' Ajit B' Pawar'
2011:DHC:6940
.,1 f-r lt'
! former secretary, Public works Department, Govt' of Maharashtra' c-
53,Abhimanshreesociety,OffPashanRoad'Pune41-1008'
Neitherpartyhasobjectedtothenominationofthearbitratorby the opposite party. since the arbitrator nominated by the respondent isaresidentofPune,andtheVenueofthearbitrationwouldbeDelhi, as per the agreement, the respondent is agreeable to foot the bill of its i, nominee arbitrator for travel and lodging at Delhi, for conduct of the a rbitrati on Pi"oceedi n gs' ln view of the aforesaid agreement, I nominate Mr. Justice Anil
DevSingh,retiredChiefJustice,RajasthanHighCourttobethe presiding arbitrator of the said tribunal'
A copy of this order be communicated to the Delhi High court
Arbitration centre and to the presiding arbitrator' The memorandum signed by the parties also be forwarded to the Arbitration centre'
Petition stands disPosed of'
MAY 26, ST
20LL
I
PIN SANGHI, J ttt tv$t f
,dh,'l* '( ti{,t //e
VI km
'Jkd ) tl
"r&, /,
The parties have taken instiuctions. lt is agreeable to both the parties that the arbitration be conducted by a tribunal of three arbitrators. This suggestion was made on account of the fact that the disputes involved are of a technical nature and would require experts to look into them.
It is agreed by the parties that each of them shall nominat'e one technically qualified arbitrator and the Court may appoint the presiding arbitrator, who may be a retired judge. The parties also agree to the conduct of the arbitration under the Rules of the Delhi High Court
Arbitration Centre.
The petitioner has nominated Mr. K.K. Varma, retired Additional
Director General, cPwD, EA-290, Maya Enclave, New Delhi-1l0064' on the other hand, the respondent has'nominated Mr' Ajit B' Pawar'
2011:DHC:6940
.,1 f-r lt'
! former secretary, Public works Department, Govt' of Maharashtra' c-
53,Abhimanshreesociety,OffPashanRoad'Pune41-1008'
Neitherpartyhasobjectedtothenominationofthearbitratorby the opposite party. since the arbitrator nominated by the respondent isaresidentofPune,andtheVenueofthearbitrationwouldbeDelhi, as per the agreement, the respondent is agreeable to foot the bill of its i, nominee arbitrator for travel and lodging at Delhi, for conduct of the a rbitrati on Pi"oceedi n gs' ln view of the aforesaid agreement, I nominate Mr. Justice Anil
DevSingh,retiredChiefJustice,RajasthanHighCourttobethe presiding arbitrator of the said tribunal'
A copy of this order be communicated to the Delhi High court
Arbitration centre and to the presiding arbitrator' The memorandum signed by the parties also be forwarded to the Arbitration centre'
Petition stands disPosed of'
MAY 26, ST
20LL
I
PIN SANGHI, J ttt tv$t f
,dh,'l* '( ti{,t //e
VI km
'Jkd ) tl
"r&, /,
*
I
IN THE HIGH COURT
ARB.P.70l20tL
AMMAR MEHROTRA
Through:
VCTSUS
SYMBIOSIS SOCIETY
Through:
OF DELHI AT NEW DELHI..... Petitioner
Mr. Arun Kumar Varma and Ms. Mansi Wadhera, Advocates
,.,.. Respondent
Mr. Anupam Lal Das and Mr. Atrabhavan Singh, Advocates
I
IN THE HIGH COURT
ARB.P.70l20tL
AMMAR MEHROTRA
Through:
VCTSUS
SYMBIOSIS SOCIETY
Through:
OF DELHI AT NEW DELHI..... Petitioner
Mr. Arun Kumar Varma and Ms. Mansi Wadhera, Advocates
,.,.. Respondent
Mr. Anupam Lal Das and Mr. Atrabhavan Singh, Advocates
CORAM: .
HON'BLE MR. JUSTICE VIPIN SANGHI
28.09.20 L L
I.A. N o. 1483 L/2O 11
The petitioner has filed this application to bring forth the inability of the petitioner to muster the petitioner's share of the arbitration fee a payable to the tribunal consisting of three learned arbitrator.
It is submitted that under the Rules of the Delhi High Court
Arbitration Centre, the petitioner is required to pay a sum of Rs.37.5 lacs as its share of the fee, considering that the claim of the petitioner is to the tune of Rs.140 crores. The petitioner submits that the petitioner is not in a'position to arrange the said amount which has to be paid upfront for even entertainment of the petitioners claim. lt is
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28.09.20 L L
I.A. N o. 1483 L/2O 11
The petitioner has filed this application to bring forth the inability of the petitioner to muster the petitioner's share of the arbitration fee a payable to the tribunal consisting of three learned arbitrator.
It is submitted that under the Rules of the Delhi High Court
Arbitration Centre, the petitioner is required to pay a sum of Rs.37.5 lacs as its share of the fee, considering that the claim of the petitioner is to the tune of Rs.140 crores. The petitioner submits that the petitioner is not in a'position to arrange the said amount which has to be paid upfront for even entertainment of the petitioners claim. lt is
% fF
(/ also submitted that in case thg respondent/non claimant were not to pay its share of fee or its part thereof, the said liability would also fall on the petitioner before the award can be secured.
Mr. Das, learned cgunsel for the respondent, on the other hand, submits that the petitioner itself is responsible for facing the situation as the petitioner has raised inflated claims and the petitioner has already agreed to the conduct of arbitration under the Rules of the
Delhi High Court Arbitration. The petitioner ought to have been aware of the fees which would be payable under the said Rules.
Mr. Varma submits that petitioner was not aware while agreeing to the said Rules that it would have to pay its share of fee of the three arbitrators at the rate of Rs.25 lacs each. ln any case, it is agreed by the parties that the arbitration may not be conducted under the Rules of the Delhi High Court Arbitration
{ Centre. Since it is so agreed by the parties, it is directed that the arbitration need not be conducted under the Rules of the Delhi High
Court Arbitration Centre.
The constitution of the arbitral tribunal shall remain the same. lt shall be open to the tribunal to fix its own fee, which I believe would be reasonable. r) je a
Petition stands disposed of. A copy communicated to the learned arbitrators as well
Court Arbitration Centre.
Dasti.
SEPTEMBER
ST
28,2OLL of this order be as to the Delhi High
VIPIN SANGHI, J
Mr. Das, learned cgunsel for the respondent, on the other hand, submits that the petitioner itself is responsible for facing the situation as the petitioner has raised inflated claims and the petitioner has already agreed to the conduct of arbitration under the Rules of the
Delhi High Court Arbitration. The petitioner ought to have been aware of the fees which would be payable under the said Rules.
Mr. Varma submits that petitioner was not aware while agreeing to the said Rules that it would have to pay its share of fee of the three arbitrators at the rate of Rs.25 lacs each. ln any case, it is agreed by the parties that the arbitration may not be conducted under the Rules of the Delhi High Court Arbitration
{ Centre. Since it is so agreed by the parties, it is directed that the arbitration need not be conducted under the Rules of the Delhi High
Court Arbitration Centre.
The constitution of the arbitral tribunal shall remain the same. lt shall be open to the tribunal to fix its own fee, which I believe would be reasonable. r) je a
Petition stands disposed of. A copy communicated to the learned arbitrators as well
Court Arbitration Centre.
Dasti.
SEPTEMBER
ST
28,2OLL of this order be as to the Delhi High
VIPIN SANGHI, J
JUDGMENT