MARG LIMITED v. PRATIHARINFRA ENGINEERSPVT.LTD

Delhi High Court · 11 May 2018 · 2018:DHC:9286
Vibhit Bakhru
O.M.P. (COMM.) 99/2017
2018:DHC:9286
civil other

AI Summary

The Delhi High Court appointed a substitute arbitrator under Section 15 of the Arbitration and Conciliation Act, 1996, following the recusal of the previously appointed Sole Arbitrator, subject to disclosure requirements under Section 12.

Full Text
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$-15&1^ HIGH COURT OF DELHI 0.1VLP. m(COMM.)99/2017
MARG LIMITED Petitioner
Through; Mr Anand Shankar,Advocate.
VERSUS
PRATIHARINFRA ENGINEERSPVT.LTD ..... Respondent
Through: Mr Swastik Singh and Mr Atul Singh, Advocates.
AND
O.M.P.m ICOMM.)100/2017 M7S PRATIHARINFRA ENGINEERS
PRIVATE LIMITED Petitioner
Through: Mi*Swastik Singh and Mr Atul Singh, Advocates.
VERSUS
M/S MARG LIMITED .....Respondent
Through: Mr Anand Shankar,Advocate.
CORAM:
HON'BLE MR.JUSTICE VIBIHT BAKHRU
11.05.2018
ORDER

1. These petitions have been filed under Section 15 of the Arbitration and Conciliation Act, 1996(hereafter 'the Act'), inter alia, praying that an arbitrator be appointed to fill up the vacancy caused by recusal ofMr Kashi Prasad Khemka,who was appointed as the Sole Arbitrator by this Court on 24.10.2016.

2. There is no dispute that Mr Kliemka had reciised fi-oiii the arbitral proceedings and,thus,an arbitrator is required to be appointed in his place. This Court appoints Mr V.K; Malhotra, ADJ (Retired), (Mobile No.,981061952[8]) to adjudicate the subject disputes. This is subject to the 2018:DHC:9286 arbitrator making the necessary disclosure under Section 12 ofthe Act and not being ineligible under Section 12(5)ofthe Act. The arbitration shall be conducted under the aegis ofDelhi International Arbitration Centre(DIAC) and in accordance of its Rules. The parties shall appear before the Coordinator,DIAC on 25.05.2018 at 11:00 a.m.for further proceedings.

3. The petition stands disposed of. VIBHUBAKHRTJ,J MAY 11,2018 RK