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HIGH COURT OF DELHI
Arb. P. No.39/2009 RAM SARAN DASS & ANOTHER ..... Petitioners
Through: Mr. S.C. Anand, Advocate.
Arb. P. No.39/2009 RAM SARAN DASS & ANOTHER ..... Petitioners
Through: Mr. S.C. Anand, Advocate.
VERSUS
SRI VENKATESH BUIDERS & OTHERS ..... Respondents e CORAM:
Through: Mr. Dinesh Garg & Ms. Rachna Agarwal, Advocates.
HON'BLE MR. JUSTICE MANMOHAN
12.11.2009 Mr. Garg without prejudice to his rights and contentions states that he has no objection to the appointment of an Arbitrator provided the Arbitrator is directed to award cost of the arbitration to the respondent in case, the
Arbitrator comes to the conclusion that the claim filed by the petitioner is friveus.
In view of the aforesaid and with consent of parties, Sh. Dinesh
Dayal, retired Additional District & Sessions Judge, 9 Upper Bela Road, Civil Lines, Delhi 54, Mobile No.9810100200 is appointed as a sole
Arbitrator to adjudicate upon all the disputes between the parties. The learned Arbitrator shall be entitled to fix his own fee schedule, subject to a
2009:DHC:7095
• ceiling ofRs.75,0001-. The fees would be initially equally borne by both the parties. However, the Arbitrator would apportion the fees at the time of passing of final Award.
Both the parties are directed to appear before the learned Arbitrator on
3rd December, 2009 at 4:30 p.m. at his residence on which date, the petitioner-claimant would file its claim statement. Since date of hearing has been fixed in the presence of both the counsel, no notice would be required
.eissued by the learned Arbitrator for the said date of hearing. The
Arbitrator is requested to expeditiously adjudicate all the disputes between the parties.
Registry is directed to communicate a copy ofthis order to the learned
Arbitrator.
With the aforesaid observations, present petition stands disposed of.
NOVEMBER 12, 2009 'AA' I\~ MANMOHAN, J.
2009:DHC:7095
Through: Mr. Dinesh Garg & Ms. Rachna Agarwal, Advocates.
HON'BLE MR. JUSTICE MANMOHAN
12.11.2009 Mr. Garg without prejudice to his rights and contentions states that he has no objection to the appointment of an Arbitrator provided the Arbitrator is directed to award cost of the arbitration to the respondent in case, the
Arbitrator comes to the conclusion that the claim filed by the petitioner is friveus.
In view of the aforesaid and with consent of parties, Sh. Dinesh
Dayal, retired Additional District & Sessions Judge, 9 Upper Bela Road, Civil Lines, Delhi 54, Mobile No.9810100200 is appointed as a sole
Arbitrator to adjudicate upon all the disputes between the parties. The learned Arbitrator shall be entitled to fix his own fee schedule, subject to a
2009:DHC:7095
• ceiling ofRs.75,0001-. The fees would be initially equally borne by both the parties. However, the Arbitrator would apportion the fees at the time of passing of final Award.
Both the parties are directed to appear before the learned Arbitrator on
3rd December, 2009 at 4:30 p.m. at his residence on which date, the petitioner-claimant would file its claim statement. Since date of hearing has been fixed in the presence of both the counsel, no notice would be required
.eissued by the learned Arbitrator for the said date of hearing. The
Arbitrator is requested to expeditiously adjudicate all the disputes between the parties.
Registry is directed to communicate a copy ofthis order to the learned
Arbitrator.
With the aforesaid observations, present petition stands disposed of.
NOVEMBER 12, 2009 'AA' I\~ MANMOHAN, J.
2009:DHC:7095
JUDGMENT