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17" -*r{ HIGH COURT OF DELHI ARB.P.29l20tL M/S P-TEX BUILDERS (P) LTD ..... Petitioner
Through: Mr. Pradeep Diwan, Senior - Advocate with Mr. K'K'Jha, Advocate'
17" -*r{ HIGH COURT OF DELHI ARB.P.29l20tL M/S P-TEX BUILDERS (P) LTD ..... Petitioner
Through: Mr. Pradeep Diwan, Senior - Advocate with Mr. K'K'Jha, Advocate'
VERSUS
THE DELHI STATE BHARAT SCOUT AND GUIDE & ORS ""' ResPondent
Through: Mr.G.P.Thareja,Advocate'
Through: Mr.G.P.Thareja,Advocate'
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
ORDER oh 16.O5.2O1L Learned counsel for the respondent puts in appearance and states that without prejudice to the rights and contentions of the respondent and without admitting any of the averments made in the petition, the respondent is agreeable to the appointment of a Sole
Arbitrator by this Court, in terms of the arbitration agreement contained in the contract between the parties'
The parties had entered into a Memorandum of Understanding on 23.4.2000, followed by a Memorandum of Understanding dated
27.04.2007. The first Mou contained an arbitration agreement in
{\ 2011:DHC:6881 I { l -^- Clause 19 and the second MOU contained an arbitration agreement in
Clause 13. Both of these claims were preferred for settlement of disputes by a .Sole Arbitrator. The petitioner invoked the arbitration agreement, by notice dated 25.09.2010. As the Arbitrator was not appointedmutually,thispetitionhasbeenpreferred' ln view of the statement made by learned counsel for the respondent, the petiiion is allowed. l appoint Ms' Justice Manju Goel'
Retd. Judge, Delhi High court as the sole Arbitrator to adjudicate the disputes between the parties. The fees of the Arbitrator shall be fixed as per the schedule of fee of the Delhi High court Arbitration centre'
Let the petitioner file its statement of claim before the Sole
Arbitrator on or before 08.07 .2Ol]- with advance copy to the respondent. The respondent may file its counter-statement of facts and counter claim, if any, within four weeks thereafter with advance copy to the petitioner. The parties shall also file their respective documents before the arbitral tribunal within the same period' The parties shall appear before the arbitral tribunal on 16'08 '20L1 at 2'30 p.m. However, if the said date or time is not convenient to the
.
Tribunal, the Tribunal may refix the date in consultation with the parties. A copy of this order be communicated to the learned
Arbitrator.
The petition is accordingly dismissed' l e r ,\J t.A.6s29l20LL
Learned counsel for the petitioner states that since the learned
Arbitrator has been appointed by the court today, he wishes to withdraw this application without prejudice to the rights and contentions of the petitioner, and move an application under Section
17 of the Act before the learned Arbitrator. The application is according|ydismissedaswithdrawnwithtibertyasprayed.lL./ it I I\./ t/ l/ -D
Itt vlPlN sANGHl, J MAY 16, 201L AS f't'uta F4 z5r8f ra dq n*t'(@"h I *'!eu|L /(ffi (m)
/ rn
ORDER oh 16.O5.2O1L Learned counsel for the respondent puts in appearance and states that without prejudice to the rights and contentions of the respondent and without admitting any of the averments made in the petition, the respondent is agreeable to the appointment of a Sole
Arbitrator by this Court, in terms of the arbitration agreement contained in the contract between the parties'
The parties had entered into a Memorandum of Understanding on 23.4.2000, followed by a Memorandum of Understanding dated
27.04.2007. The first Mou contained an arbitration agreement in
{\ 2011:DHC:6881 I { l -^- Clause 19 and the second MOU contained an arbitration agreement in
Clause 13. Both of these claims were preferred for settlement of disputes by a .Sole Arbitrator. The petitioner invoked the arbitration agreement, by notice dated 25.09.2010. As the Arbitrator was not appointedmutually,thispetitionhasbeenpreferred' ln view of the statement made by learned counsel for the respondent, the petiiion is allowed. l appoint Ms' Justice Manju Goel'
Retd. Judge, Delhi High court as the sole Arbitrator to adjudicate the disputes between the parties. The fees of the Arbitrator shall be fixed as per the schedule of fee of the Delhi High court Arbitration centre'
Let the petitioner file its statement of claim before the Sole
Arbitrator on or before 08.07 .2Ol]- with advance copy to the respondent. The respondent may file its counter-statement of facts and counter claim, if any, within four weeks thereafter with advance copy to the petitioner. The parties shall also file their respective documents before the arbitral tribunal within the same period' The parties shall appear before the arbitral tribunal on 16'08 '20L1 at 2'30 p.m. However, if the said date or time is not convenient to the
.
Tribunal, the Tribunal may refix the date in consultation with the parties. A copy of this order be communicated to the learned
Arbitrator.
The petition is accordingly dismissed' l e r ,\J t.A.6s29l20LL
Learned counsel for the petitioner states that since the learned
Arbitrator has been appointed by the court today, he wishes to withdraw this application without prejudice to the rights and contentions of the petitioner, and move an application under Section
17 of the Act before the learned Arbitrator. The application is according|ydismissedaswithdrawnwithtibertyasprayed.lL./ it I I\./ t/ l/ -D
Itt vlPlN sANGHl, J MAY 16, 201L AS f't'uta F4 z5r8f ra dq n*t'(@"h I *'!eu|L /(ffi (m)
/ rn
JUDGMENT