Ashok Kumar Jain v. New Delhi Municipal Council

Delhi High Court · 05 Sep 2024 · 2024:DHC:6889
C. Hari Shankar
ARB.P. 1115/2024
2024:DHC:6889
civil petition_allowed

AI Summary

The Delhi High Court appointed a new arbitrator after the earlier arbitrator recused himself in a dispute involving a small monetary claim, allowing arbitration to proceed.

Full Text
Translation output
ARB.P. 1115/2024
HIGH COURT OF DELHI
ARB.P. 1115/2024
ASHOK KUMAR JAIN, PROPRIETOR, NEW TECH (INDIA) .....Petitioner
Through: Mr. Akshu Jain, Ms. Stuti Jain and Ms. Vishwa Bharti, Advs.
VERSUS
NEW DELHI MUNICIPAL COUNCIL .....Respondent
Through: Mr. R.K Dhawan, Standing Counsel
WITH
Mr. Mayank Bamniyal ASC, Ms. Nisha Dhawan, Mr. V.K. Teng and Ms. Shivani Taneja, Advs.
WITH
Mr. Dheeraj Kumar, AE
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR O R D E R (ORAL)
05.09.2024
JUDGMENT

1. This petition has been filed as, given the small amount of the claim forming subject matter of dispute, the earlier arbitrator appointed by the respondent who happened to be a retired Judge of this Court, recused.

2. Learned counsel for both sides are agreeable to this Court appointing an appropriate arbitrator to arbitrate on the dispute between the parties.

3. The amount in dispute is stated to be in the region of approximately ₹ 3-4 lakhs.

4. Accordingly, this Court appoints Mr. Gaurav Varma, Advocate, (Tel: 9711197229) as the arbitrator to arbitrate on the dispute between the parties.

5. The arbitrator would be entitled to charge fees in accordance with the Fourth schedule to the 1996 Act.

6. The learned arbitrator is requested to file the requisite disclosure under Section 12(2) of the 1996 Act within a week of entering on the reference.

7. This Court has expressed no opinion on any aspect of the matter preliminary or on merit. All aspects shall remain open for argument before the learned arbitrator.

8. The petition is allowed in the aforesaid terms.