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- / HIGH COURT OF DELHI
ARB.P. 281/2010
MAXWELL PROJECTS PVT LTD ..... Petitioner
ARB.P. 281/2010
MAXWELL PROJECTS PVT LTD ..... Petitioner
VERSUS
Through: Mr Vikram Nandrajog, Adv. with Mr Sushil Jaswal, Adv.
CHAUHAN BUILDERS & CONSTRUCTIONS PVT LTD..... Respondent
Through: Mr Sunil Goel, Adv.
CHAUHAN BUILDERS & CONSTRUCTIONS PVT LTD..... Respondent
Through: Mr Sunil Goel, Adv.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH o/o
26.05.2011 After some submissions made by the parties, it is agreed by them that a sole arbitrator be appointed in the matter in order to t: adjudicate the disputes between the parties. Both the parties state that no proceedings have yet been started by the earlier arbitrators. Therefore, it has been agreed by both the parties that the sole arbitrator may be appointed by Delhi High Court Arbitration and Conciliation Centre.
They request that the sole arbitrator to be appointed by the Delhi High
Court Arbitration and Conciliation Centre should be with the background
2011:DHC:6930 of engineering.
It has been informed by the learned counsel for the respondent that the name of the respondent company has been changed from "Mis Chauhan Builders & Constructions Pvt. Ltd." to "Mis
Narsingh Engineers Pvt. Ltd.".
There is arbitration clause 13 which stipulates that disputes arising out of the agreement shall be settled through arbitrator. The arbitration clause 13 reads as under:
"XIII. Settlement ofDisputes If the efforts to resolve all or any of the disputes through conciliation fails, then such disputes shall be referred to the arbitration and should be dealt as per provision of the Arbitration and Conciliation
Act 1996 or any statutory modification or re- enactment thereof and the rules made there under and for the time being in force shall apply to the conciliation and arbitration proceedings under this clause. The Arbitrator shall give a reasoned award in respect of each dispute referred to him."
From the aforesaid, it is clear that a binding arbitration agreement is in existence between the parties. With the consent of the parties, the present petition is allowed. The disputes are referred to the arbitration, to be conducted under the aegis of Delhi High Court
Arbitration Centre and its rules. Parties shall appear before the Delhi
High Court Arbitration Centre on 08.06.2011. The sole arbitrator to be appointed by the Delhi High Court Arbitration Centre should be of engineering background. The Arbitrator appointed by the Delhi High
Court Arbitration Centre shall give prior notice before commencing the proceedings. The petition stands disposed of. A copy of the order be sent to Delhi High Court Arbitration Centre. Dasti.
MAY 26, 2011 r ~ y-v- c)\~ Y\ ~ { MANMOHAN SINGIF,J
26.05.2011 After some submissions made by the parties, it is agreed by them that a sole arbitrator be appointed in the matter in order to t: adjudicate the disputes between the parties. Both the parties state that no proceedings have yet been started by the earlier arbitrators. Therefore, it has been agreed by both the parties that the sole arbitrator may be appointed by Delhi High Court Arbitration and Conciliation Centre.
They request that the sole arbitrator to be appointed by the Delhi High
Court Arbitration and Conciliation Centre should be with the background
2011:DHC:6930 of engineering.
It has been informed by the learned counsel for the respondent that the name of the respondent company has been changed from "Mis Chauhan Builders & Constructions Pvt. Ltd." to "Mis
Narsingh Engineers Pvt. Ltd.".
There is arbitration clause 13 which stipulates that disputes arising out of the agreement shall be settled through arbitrator. The arbitration clause 13 reads as under:
"XIII. Settlement ofDisputes If the efforts to resolve all or any of the disputes through conciliation fails, then such disputes shall be referred to the arbitration and should be dealt as per provision of the Arbitration and Conciliation
Act 1996 or any statutory modification or re- enactment thereof and the rules made there under and for the time being in force shall apply to the conciliation and arbitration proceedings under this clause. The Arbitrator shall give a reasoned award in respect of each dispute referred to him."
From the aforesaid, it is clear that a binding arbitration agreement is in existence between the parties. With the consent of the parties, the present petition is allowed. The disputes are referred to the arbitration, to be conducted under the aegis of Delhi High Court
Arbitration Centre and its rules. Parties shall appear before the Delhi
High Court Arbitration Centre on 08.06.2011. The sole arbitrator to be appointed by the Delhi High Court Arbitration Centre should be of engineering background. The Arbitrator appointed by the Delhi High
Court Arbitration Centre shall give prior notice before commencing the proceedings. The petition stands disposed of. A copy of the order be sent to Delhi High Court Arbitration Centre. Dasti.
MAY 26, 2011 r ~ y-v- c)\~ Y\ ~ { MANMOHAN SINGIF,J
JUDGMENT