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ARB.P. 626/2019
HIGH COURT OF DELHI
Date of Decision: 27.09.2019
HIGH COURT OF DELHI
Date of Decision: 27.09.2019
ARB.P. 626/2019, I.A. No. 13577/2019 (Exemption)
HCL INFOTECH LIMITED ..... Petitioner
Through: Mr. Azmat H. Amanullah, Advocate
HCL INFOTECH LIMITED ..... Petitioner
Through: Mr. Azmat H. Amanullah, Advocate
VERSUS
BHARAT SANCHAR NIGAM LIMITED ..... Respondent
Through: Mr. Sameer Aggarwal, Advocate
Through: Mr. Sameer Aggarwal, Advocate
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J. (ORAL)
I.A. No. 13577/2019 (Exemption)
Exemption allowed subject to all just exceptions.
Application stands disposed of.
Issue notice.
Mr. Sameer Aggarwal, Advocate enters appearance on behalf of the respondent and accepts notice. Mr. Aggarwal submits that while the respondent is not averse to the appointment of an Arbitrator, however the notice invoking Arbitration Agreement dated 10.07.2019 was not addressed to appropriate Authority, which is CMD, BSNL.
Learned counsel for the petitioner submits that although the notice was addressed to General Manager, IT Project Circle, Bharat Sanchar Nigam
Limited, RTC Building I, G-Block, Chinchwad, Pune – 411019, but copy of
2019:DHC:4960 the same was endorsed to the Chairman and Managing Director, Bharat
Sanchar Nigam Limited, Harish Chandra Mathur Lane, 148, Janpath, New Delhi – 110001, which is evident from pages 131 and 139 of the documents placed on record.
In my opinion, the notice invoking arbitration has been sent to the
Appropriate Authority. Respondent has not denied the existence of the
Arbitration Agreement and in fact has no objection to the appointment of
Arbitrator, but for the objection mentioned above.
I hereby appoint Hon’ble Mr. Justice Manmohan Sarin, former Chief
Justice of Jammu & Kashmir High Court, as a sole Arbitrator to adjudicate the dispute between the parties, arising out of Agreement dated 05.06.2007.
The address of the learned Arbitrator is as under:
Hon’ble Mr. Justice Manmohan Sarin, Former Chief Justice of Jammu & Kashmir High Court
D-127, Panchsheel Enclave, New Delhi-110017 Mobile No. 9818000210
The Arbitrator will give a disclosure under Section 12 of the
Arbitration & Conciliation Act, 1996 before entering upon the reference.
The fee of the Arbitrator shall be as per the Fourth Schedule of the
Act.
The petition is disposed of in the above terms.
JYOTI SINGH, J SEPTEMBER 27, 2019 pkb/rd/ 2019:DHC:4960
I.A. No. 13577/2019 (Exemption)
Exemption allowed subject to all just exceptions.
Application stands disposed of.
Issue notice.
Mr. Sameer Aggarwal, Advocate enters appearance on behalf of the respondent and accepts notice. Mr. Aggarwal submits that while the respondent is not averse to the appointment of an Arbitrator, however the notice invoking Arbitration Agreement dated 10.07.2019 was not addressed to appropriate Authority, which is CMD, BSNL.
Learned counsel for the petitioner submits that although the notice was addressed to General Manager, IT Project Circle, Bharat Sanchar Nigam
Limited, RTC Building I, G-Block, Chinchwad, Pune – 411019, but copy of
2019:DHC:4960 the same was endorsed to the Chairman and Managing Director, Bharat
Sanchar Nigam Limited, Harish Chandra Mathur Lane, 148, Janpath, New Delhi – 110001, which is evident from pages 131 and 139 of the documents placed on record.
In my opinion, the notice invoking arbitration has been sent to the
Appropriate Authority. Respondent has not denied the existence of the
Arbitration Agreement and in fact has no objection to the appointment of
Arbitrator, but for the objection mentioned above.
I hereby appoint Hon’ble Mr. Justice Manmohan Sarin, former Chief
Justice of Jammu & Kashmir High Court, as a sole Arbitrator to adjudicate the dispute between the parties, arising out of Agreement dated 05.06.2007.
The address of the learned Arbitrator is as under:
Hon’ble Mr. Justice Manmohan Sarin, Former Chief Justice of Jammu & Kashmir High Court
D-127, Panchsheel Enclave, New Delhi-110017 Mobile No. 9818000210
The Arbitrator will give a disclosure under Section 12 of the
Arbitration & Conciliation Act, 1996 before entering upon the reference.
The fee of the Arbitrator shall be as per the Fourth Schedule of the
Act.
The petition is disposed of in the above terms.
JYOTI SINGH, J SEPTEMBER 27, 2019 pkb/rd/ 2019:DHC:4960
JUDGMENT