Full Text
HIGH COURT OF DELHI
JUDGMENT
LKT ENGINEERING CONSULTANTS LTD..... Petitioner
CONSULTANTS PVT LTD…Respondent
CONSULTANTS PRIVATE LTD .....Petitioner 2022:DHC:1171
CONSULTANTS PRIVATE LIMITED .....Petitioner
….Respondent
AND
CONSULTANTS PRIVATE LIMITED .....Petitioner
…Respondent
Advocates who appeared in this case:
For the Appellant: Mr. Vikas Kumar, Advocate for LKT Engineering
Consultants Limited.
For the Respondent: Mr. Manish Verma and Mr. Aman Advocates for
Planning and Infrastructural Developments Consultants
Pvt. Ltd.
1. These petitions arise out of different MOUs entered into between the same parties. The respective clauses of reference of disputes to arbitration is similar.
2. Learned counsel for parties submit that though the disputes arise out of different agreements and the claims and counter-claims are different, as the parties are common, it is prayed that one arbitral tribunal be constituted to arbitrate the separate disputes emanating between the parties.
3. Accordingly, the petitions are allowed and the disputes are referred to the Delhi International Arbitration Centre (DIAC), which would appoint one common arbitrator to arbitrate all the disputes of the parties. The arbitration shall take place under the aegis of the DIAC in accordance with its rules and regulations.
4. The arbitrator would be entitled to charge fees in accordance with the schedule of fee stipulated by the DIAC.
5. The arbitrator shall also furnish the requisite disclosure under section 12(2) of the Arbitration and Conciliation Act, 1996 within one week of entering reference.
6. Petitions are disposed of in the above terms.
SANJEEV SACHDEVA, J APRIL 1, 2022