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HIGH COURT OF DELHI
ARB.P. 573/2021 & I.A.7786/2021
M/S DESIGN ASSOCIATES INC A PARTNERSHIP FIRM
THROUGH PARTNER MR SUMERE DAS ..... Petitioner
Through: Mr. Raj Shekhar Rao, Sr. Adv. with Mr. Arjun Dewan, Mr. Arjun Mukherjee and Mr. Akash Arora, Advs.
THROUGH ITS NOMINATED COUNSEL ..... Respondent
Through: Mr. S.Wasim A. Qadri, Sr.
Adv. with Mr. V.K. Singh, Ms. Prachi Singh, Mr. Sourav Kumar and Mr. Saeeed Qadri, Advs.
M/S DESIGN ASSOCIATES INC A PARTNERSHIP FIRM
THROUGH PARTNER MR SUMERE DAS ..... Petitioner
Through: Mr. Raj Shekhar Rao, Sr. Adv. with Mr. Arjun Dewan, Mr. Arjun Mukherjee and Mr. Akash Arora, Advs.
THROUGH ITS NOMINATED COUNSEL ..... Respondent
Through: Mr. S.Wasim A. Qadri, Sr.
Adv. with Mr. V.K. Singh, Ms.Prachi Singh, Mr. Sourav Kumar and Mr. Saeeed Qadri, Advs.
JUDGMENT
1. Learned Senior Counsel for parties are, ad idem, agreeable to the disputes in these two petitions being referred to an arbitrator O R D E R (O R A L) % 17.11.2021 2021:DHC:3715 ARB.P. 573/2021 & 574/2021 appointed by the Court, keeping all contentions including maintainability, arbitrability and merits of the dispute open for arguments before the learned Arbitral Tribunal.
2. In view thereof, the necessity of entering into the facts of the case is obviated.
3. The total claim in both these matters put together is stated to be in the region of about ₹ 12 crores.
4. Accordingly, the Court appoints Hon’ble Mr. Justice V.K. Shali (Retd.), a former judge of this Court [Phone No.971749500; e-mail ID: vkshali54@gmail.com], as the arbitrator to arbitrate on the dispute between the parties. The learned arbitrator shall be entitled to charge fees in accordance with the Fourth Schedule to the Arbitration & Conciliation Act, 1996. The learned Arbitrator would file the requisite disclosure under Section 12(2) of the 1996 Act within a week of entering on reference. All rights and contentions of the parties are kept open for agitation before the learned arbitrator.
5. Accordingly, these petitions alongwith pending applications stand disposed of in the aforesaid terms.
C. HARI SHANKAR, J
NOVEMBER 17, 2021