ONE97 COMMUNICATIONS LTD. v. EASY TRIP PLANNERS PVT.LTD.

1. This is a petition under Section 11(6), read with Section 15 of the Arbitration and Conciliation Act, 1996 (“the 1996 Act”). O R D E R (ORAL) % 15.07.2021 (Video-Conferencing)

2. In view of the limited nature of the issue involved, and as the learned Counsel for the respondent fairly concede to the prayers in this petition, it is not necessary to enter into all the averments contained therein. Suffice it to state that, in accordance with the arbitral agreement between the parties, which requires arbitration of the disputes between them by an arbitral tribunal consisting of three members, the presiding arbitrator being chosen by the petitioners’ and respondents’ nominee arbitrators, such an arbitral tribunal was constituted. However, unfortunately, the learned presiding arbitrator expired.

3. The learned arbitrators for the petitioner and the respondent have not been able to appoint a presiding arbitrator within 30 days 2021:DHC:2078 O.M.P. (T) (COMM.) 61/2021 thereof, as a result of which the petitioner has approached this Court.

4. Learned Counsel for the respondent agrees to this Court appointing a presiding arbitrator to arbitrate on the disputes.

5. Accordingly, this Court appoints Hon’ble Ms. Justice Gita Mittal, former Chief Justice of the High Court of Jammu & Kashmir, who has also adorned the bench of this Court, as the presiding arbitrator to complete the quorum of the arbitral tribunal so that the arbitration could continue.

6. The contact details of the learned Arbitrator are provided as below: Phone No.: 9811322190 E-mail ID.: gitamittaloffice@gmail.com

7. The learned presiding Arbitrator would furnish the requisite disclosure under Section 12(2) of the 1996 Act, within a week of entering on reference.

8. This petition along with other pending applications stand disposed of with the aforesaid terms.

C.HARI SHANKAR, J JULY 15, 2021 ss