BALAJI PRIME BUILDHOME PVT LTD v. KASHIPUR INFRASTRUCTURE AND FREIGHT TERMINAL PVT LTD

Delhi High Court · 12 Apr 2022 · 2022:DHC:1323
Sanjeev Sachdeva
ARB.P. 1245/2021
2022:DHC:1323
other petition_allowed

AI Summary

The Delhi High Court directed reference of contract disputes to arbitration under DIAC with a sole arbitrator, as agreed by the parties.

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ARB.P. 1245/2021
HIGH COURT OF DELHI
JUDGMENT
delivered on: 12th April, 2022
ARB.P. 1245/2021
BALAJI PRIME BUILDHOME PVT LTD ..... Petitioner
versus
KASHIPUR INFRASTRUCTURE AND FREIGHT TERMINAL PVT LTD ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Udit Seth, Advocate For the Respondents : Mr. Gautam Dhamija, Advocate
CORAM:-
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J

1. Petitioner seeks reference of the disputes to an Arbitral Tribunal.

2. Learned counsel for the parties submit contended that there is one common contract between the parties, however with different work order. As per the agreement, the seat of Arbitration is at Delhi and even they have consented to the venue of the arbitration at Delhi. 2022:DHC:1323 ARB.P. 1245/2021

3. Learned counsel for the parties pray that parties be referred to an Arbitral Tribunal to be constituted under the aegis of Delhi International Arbitration Centre and a Sole Arbitral Tribunal be constituted.

4. In view of the above, the disputes are referred to the Delhi International Arbitration Centre (DIAC), which would appoint an arbitrator to arbitrate the disputes. The arbitration shall take place under the aegis of the DIAC in accordance with its rules and regulations.

5. The arbitrator would be entitled to charge fees in accordance with the schedule of fee stipulated by the DIAC.

6. The arbitrator shall furnish the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within one week of entering reference.

7. The petition is disposed of in the above terms.

SANJEEV SACHDEVA, J APRIL 12, 2022 ‘rs’