Ankita Agrawal v. Akanksha Bhargawa

Delhi High Court · 31 Mar 2022 · 2022:DHC:1161
Sanjeev Sachdeva
ARB.P. 1231/2021
2022:DHC:1161
civil petition_allowed

AI Summary

The Delhi High Court appointed a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 upon parties' failure to settle and mutual consent to arbitration.

Full Text
Translation output
ARB.P. 1231/2021
HIGH COURT OF DELHI
JUDGMENT
delivered on: 31st March, 2022
ARB.P. 1231/2021
ANKITA AGRAWAL ..... Petitioner
versus
AKANKSHA BHARGAWA ..... Respondent Advocates who appeared in this case:
For the Appellant: Ms. Rashimi Jain, Advocate (through VC)
For the Respondent: Advocate (appearance not given)
CORAM:-
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J

1. Petitioner seeks appointment of an Arbitrator under Section 11(6) of the Arbitration & Conciliation Act, 1996.

2. Learned counsel for the parties informed that the settlement talks have failed and accordingly they could not arrive at a settlement.

3. Learned counsel for the parties pray that an Arbitral Tribunal be constituted to adjudicate the disputes between the parties.

4. Since the parties are agreeable to reference of their disputes to 2022:DHC:1161 ARB.P. 1231/2021 arbitration, the petition is allowed.

5. Without prejudice to the rights and contentions of the parties, Ms. Pinki, (Retired District and Sessions Judge, Delhi, D-145, Anand Niketan, New Delhi; Email ID pinki13361@yahoo.co.in Mobile # 9910384721) is appointed as the sole Arbitrator.

6. The Arbitral tribunal shall adjudicate the claims and counter claims, if any, between the parties.

7. The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996. The fee of the Arbitrator shall be initially shared equally by the parties.

8. The Arbitrator shall furnish the requisite disclosure under section 12(2) of the Arbitration and Conciliation Act, 1996 within two weeks of entering reference.

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

SANJEEV SACHDEVA, J MARCH 31, 2022 ‘rs’