ERA INFRA ENGINEERING LTD v. NATIONAL THERMAL POWER CORPORATION LIMITED

Delhi High Court · 03 Dec 2018 · 2018:DHC:7618
Rajiv Shakdher
ARB. P. 816/2018
2018:DHC:7618
other petition_allowed

AI Summary

The Delhi High Court appointed the mutually agreed arbitrator and directed payment of fees as per the Arbitration and Conciliation Act, 1996.

Full Text
Translation output
ARB. P. 816/2018
HIGH COURT OF DELHI
Date of Decision: 03.12.2018
ARB.P. 816/2018
ERA INFRA ENGINEERING LTD ..... Petitioner
Through: Mr. Sumit Purohit with Mr. Shubhankar, Advs
VERSUS
NATIONAL THERMAL POWER CORPORATION LIMITED ..... Respondent
Through: Mr. Puneet Taneja with Ms. Laxmi Kumari, Advs
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.: (ORAL)
JUDGMENT

1. Mr. Taneja has returned with instructions.

2. Learned counsel says that since there is no dispute as to the existence of an Arbitration Agreement, the parties had a discussion concerning the appointment of an Arbitrator and thereafter mutually agreed on a name.

3. Mr. Sumit Purohit, who, appears for the petitioner, affirms this position.

4. Counsel for the parties say that they have agreed on the appointment of Hon’ble Mr. Justice J.D. Kapoor, Former Judge of this Court (M: 9871257474) as an Arbitrator in the matter. 2018:DHC:7618 ARB. P. 816/2018 4.[1] It is ordered accordingly.

5. Furthermore, counsel for the parties say that they are also agreed that the learned Arbitrator will be paid his fee in accordance with the provisions of Fourth Schedule appended to the Arbitration and Conciliation Act, 1996. 5.[1] The said statement is taken on record.

6. The petition is disposed of in the aforesaid terms.

RAJIV SHAKDHER (JUDGE) DECEMBER 03, 2018 c