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ARB.P. 917/2025
Date of Decision: 05.12.2025 IN THE MATTER OF:
PANAESHA EDUCATION SOCIETY .....Petitioner
Through: Mr. Davesh Bhatia, Mr. Sadre Alam and Mr. Shashank Kishore Singh, Advs.
Through: Mr. Vivekanand, Adv. for R-1.
Mohd. Aliya, Adv. for R-2and3.
JUDGEMENT
PURUSHAINDRA KUMAR KAURAV, J. (ORAL)
The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (the Act), seeking appointment of an Arbitrator, to adjudicate upon the disputes that have arisen between the parties.
JUDGMENT
2. The parties have admitted that an arbitration clause exists in the agreement between the parties and have also mutually consented to the appointment of an arbitrator. Learned counsel appearing for respondent No.1 further submits that his right to raise a counter claim be reserved.
3. A dispute has arisen with respect to the Lease Agreement dated 16.10.2018. Clause 13 thereof provides for arbitration, which is extracted as under: KUMAR KAURAV
4. Considering that disputes have arisen between the parties and there is an arbitration clause in the contract, there is no impediment in the appointment of a Sole Arbitrator, reserving all rights and contentions including liberty in favour of the respondent to file counter claim.
5. Accordingly, Mr. Udai Khanna, Adv. (Mobile No. +91 95409 54431, e-mail id: udai.khanna@gmail.com) is appointed as the Sole Arbitrator.
6. The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and in terms of its rules and regulations. The Sole Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.
7. The Sole Arbitrator is also requested to file the requisite disclosure under Section 12 (2) of the Act within a week of entering on reference.
8. All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the Sole Arbitrator on their merits, in accordance with law.
9. Needless to say, nothing in this order shall be construed as an expression of opinion of this Court on the merits of the controversy between the parties. Let a copy of the instant order be sent to the Sole Arbitrator through electronic mode as well.
10. Accordingly, the instant petition stands disposed of.
PURUSHAINDRA KUMAR KAURAV, J DECEMBER 5, 2025/p/mj