Full Text
Translation output
ARB.P. 430/2019
HIGH COURT OF DELHI
Date of Decision: 16.12.2019
HIGH COURT OF DELHI
Date of Decision: 16.12.2019
ARB.P. 430/2019
SH. SHIVAM AGGARWAL ..... Petitioner
Through Mr. Manoj Kumar Shukla, Advocates.
SH. SHIVAM AGGARWAL ..... Petitioner
Through Mr. Manoj Kumar Shukla, Advocates.
VERSUS
M/S SUPERTECH LIMITED & ANR. ..... Respondents
Through Mr. Manish Shukla and Ms. Kanupriya, Advocates.
Through Mr. Manish Shukla and Ms. Kanupriya, Advocates.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J. (ORAL)
Learned counsel for the parties had entered into an agreement dated
10.10.2013. The Arbitration Clause between the parties was incorporated in the said allotment letter which reads as under:
“That all disputes or disagreements arising out of in connection with or in relation to this allotment which cannot be amicably settled shall be finally decided by arbitration and the sole arbitrator in such a case shall be appointed by the
Company. The arbitral proceedings shall take place as per the
Indian Arbitration and Conciliation Act, 1996, or any amendment thereof accordingly. The place of arbitration shall be at Delhi and courts at Delhi shall have jurisdiction to adjudicate any matter post arbitration.”
Learned counsel for the respondents, on instructions from the respondents, submits that the respondents have no objection to the appointment of the Arbitrator by this Court. He, however, disputes and
2019:DHC:6994
Learned counsel for the parties had entered into an agreement dated
10.10.2013. The Arbitration Clause between the parties was incorporated in the said allotment letter which reads as under:
“That all disputes or disagreements arising out of in connection with or in relation to this allotment which cannot be amicably settled shall be finally decided by arbitration and the sole arbitrator in such a case shall be appointed by the
Company. The arbitral proceedings shall take place as per the
Indian Arbitration and Conciliation Act, 1996, or any amendment thereof accordingly. The place of arbitration shall be at Delhi and courts at Delhi shall have jurisdiction to adjudicate any matter post arbitration.”
Learned counsel for the respondents, on instructions from the respondents, submits that the respondents have no objection to the appointment of the Arbitrator by this Court. He, however, disputes and
2019:DHC:6994
ARB.P. 430/2019 denies the allegations made in the petition. Learned counsel further submits that the said concession is being given without prejudice to the rights and contentions of the respondents to contest the case on merits before the
Arbitral Tribunal.
Mr. Amrit Pal Gambhir, Advocate is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.
The address and mobile number of the learned Arbitrator is as under:
Mr. Amrit Pal Gambhir, Advocate C-101, Ground Floor, Part-I, New Delhi-110048.
Mobile No. 9810082347 The learned Arbitrator shall give disclosure under Section 12 of the
Act before entering upon reference.
Fee of the Arbitrator shall be fixed as per Fourth Schedule of the Act.
The petition is disposed of in the aforesaid terms.
JYOTI SINGH, J DECEMBER 16, 2019 yo/ 2019:DHC:6994
Arbitral Tribunal.
Mr. Amrit Pal Gambhir, Advocate is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.
The address and mobile number of the learned Arbitrator is as under:
Mr. Amrit Pal Gambhir, Advocate C-101, Ground Floor, Part-I, New Delhi-110048.
Mobile No. 9810082347 The learned Arbitrator shall give disclosure under Section 12 of the
Act before entering upon reference.
Fee of the Arbitrator shall be fixed as per Fourth Schedule of the Act.
The petition is disposed of in the aforesaid terms.
JYOTI SINGH, J DECEMBER 16, 2019 yo/ 2019:DHC:6994
JUDGMENT