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$-12 to 14 HIGH COURT OF DELHI
FAQ 438/2017, C.M.No. 40634/2017
SHRIRAM TRANSPORT FINANCE COMPANY LTD Appellant
Through: Mr. Shankar Kumr Jha and Ms. Neha Sharma, Advs.
FAQ 438/2017, C.M.No. 40634/2017
SHRIRAM TRANSPORT FINANCE COMPANY LTD Appellant
Through: Mr. Shankar Kumr Jha and Ms. Neha Sharma, Advs.
VERSUS
SANJEEV KUMAR GUPTA Respondent, Through: Mr. Ajay Gupta, Adv.
FAO 439/2017, C.M.No.40712/2017
SHRIRAM TRANSPORT FINANCE COMPANY LTD Appellant
Through: Mr. Shankar Kumr Jha and Ms;. Neha ,
SHRIRAM TRANSPORT FINANCE COMPANY LTD Appellant
Through: Mr. Shankar Kumr Jha and Ms;. Neha ,
VERSUS
. SANJEEV KUMAR GUPTA ~ Respondent
FAO 440/2017, C.M.No.40738/2017 /
SHRIRAM TRANSPORT FINANCE COMPAY LTD Appellant
Through: Mr. Shankar Kumr Jha and Ms. Neha
SHRIRAM TRANSPORT FINANCE COMPAY LTD Appellant
Through: Mr. Shankar Kumr Jha and Ms. Neha
VERSUS
SANJEEV KUMAR GUPTA .....Respondent
CORAM:
HON'BLE MR. JUSTICE NAJMIWAZIRI
14.05.2018 The order setting aside the arbitral award, under section 34 of the Arbitration of Conciliation Act, 1996, has been impugned.
Additionally, a cost of Rs.20,000/- per appeal has also been imposed upon the appellants. Lest the appellant be rendered remediless.
2018:DHC:9157 " * ' apropos the grievance/claim raised by him before the Arbitrator, the learned counsel for the respondent states, upon instructions, that in all fairness, the parties be referred to arbitration. The learned counsel for the parties request that an Arbitrator be appointed in the matter.
In the circumstances, the Court appoints Mohd. Saqib, Advocate (Mb. No. 9910180819) as Arbitrator, to be governed by the rules of the Delhi High Court Arbitration Centre. The parties shall appear before the learned Arbitrator, at the Arbitration Centre, Delhi
High Court, on 28.05.2018 at 3 o'clock.
In view ofthe above, the cost imposed in.the impugned order is reduced by half. In effect, Rs. 10,000/- per appeal shall be paid by the appellant tothe respondent on or before 28^*^ May, 2018.
Any infraction in payment of this amount, either in quantum or by the date specified, shall automatically be visited with a cost of
Rs. 10,000/-in two weeks thereafter.
The appeals stand disposed off in the above terms.
A copy of this order be given dasti, to the parties, under the signature of the Court Master.
WAZIRI, J MAY 14, 2018 2018:DHC:9157
14.05.2018 The order setting aside the arbitral award, under section 34 of the Arbitration of Conciliation Act, 1996, has been impugned.
Additionally, a cost of Rs.20,000/- per appeal has also been imposed upon the appellants. Lest the appellant be rendered remediless.
2018:DHC:9157 " * ' apropos the grievance/claim raised by him before the Arbitrator, the learned counsel for the respondent states, upon instructions, that in all fairness, the parties be referred to arbitration. The learned counsel for the parties request that an Arbitrator be appointed in the matter.
In the circumstances, the Court appoints Mohd. Saqib, Advocate (Mb. No. 9910180819) as Arbitrator, to be governed by the rules of the Delhi High Court Arbitration Centre. The parties shall appear before the learned Arbitrator, at the Arbitration Centre, Delhi
High Court, on 28.05.2018 at 3 o'clock.
In view ofthe above, the cost imposed in.the impugned order is reduced by half. In effect, Rs. 10,000/- per appeal shall be paid by the appellant tothe respondent on or before 28^*^ May, 2018.
Any infraction in payment of this amount, either in quantum or by the date specified, shall automatically be visited with a cost of
Rs. 10,000/-in two weeks thereafter.
The appeals stand disposed off in the above terms.
A copy of this order be given dasti, to the parties, under the signature of the Court Master.
WAZIRI, J MAY 14, 2018 2018:DHC:9157
JUDGMENT