SRM BUILDCON LTD v. THE GENERAL MANAGER NORTHERN RAILWAY

Delhi High Court · 17 Jan 2020 · 2020:DHC:332
Jyoti Singh
ARB.P. 813/2019
2020:DHC:332
civil petition_allowed

AI Summary

The Delhi High Court appointed a sole arbitrator by consent of parties despite an arbitration clause providing for a three-member tribunal, emphasizing mandatory disclosure and fee fixation under the Arbitration Act.

Full Text
Translation output
ARB.P. 813/2019
HIGH COURT OF DELHI
Date of Decision: 17.01.2020
ARB.P. 813/2019
SRM BUILDCON LTD ..... Petitioner
Through Mr. Azhar Qayum and Mr. Narender Kumar, Advocates.
VERSUS
THE GENERAL MANAGER NORTHERN RAILWAY, BARODA HOUSE ..... Respondent
Through Mr. Ashok Singh, Advocate
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J. (ORAL)
JUDGMENT

1. Learned counsel for the respondent, on instructions from the respondent, states that respondent has no objection to the appointment of an Arbitrator by this Court. He further states that though the Arbitration Clause envisages appointment of a three member Arbitral Tribunal to be nominated from a panel to be given by the General Manager, Northern Railway, but his instructions are to consent to the appointment of a Sole Arbitrator.

2. With the consent of the parties, Mr. Justice B.A. Khan, former Chief Justice of Jammu & Kashmir High Court, is appointed as a Sole Arbitrator to adjudicate the disputes between the parties. 2020:DHC:332 ARB.P. 813/2019

3. The address and mobile number of the learned Arbitrator is as under: Mr. Justice B.A. Khan Former Chief Justice of Jammu & Kashmir High Court, H.No. 55, High Court Judges Colony, Express Highway, Noida-201304 Mobile: 9818000150, 9419000992

4. The learned Arbitrator shall give disclosure under Section 12 of the Act before entering upon reference.

5. Fee of the Arbitrator shall be fixed as per Fourth Schedule of the Act.

6. The petition is allowed in the aforesaid terms.

JYOTI SINGH, J JANUARY 17, 2020 yo/