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HIGH COURT OF DELHI
ARB.P.605/2015
MAGNAQUEST TECHNOLOGIES LTD. ..... Petitioner
Through Mr.Gautam Kumar, Adv.
ARB.P.605/2015
MAGNAQUEST TECHNOLOGIES LTD. ..... Petitioner
Through Mr.Gautam Kumar, Adv.
VERSUS
TRIPLEPLAY INTERACTIVE NETWORK PVT. LTD. ..... Respondent
Through Mr.S.V. Vats, Adv. with Mr.P.
Ramesh, Adv.
Through Mr.S.V. Vats, Adv. with Mr.P.
Ramesh, Adv.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
25.04.2016 The present petition has been filed by the petitioner under Section
11(5) read with Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment ofan Arbitrator.
Reply has been filed. Rejoinder is not filed. Learned counsel for the respondent, upon instructions, submits that the respondent has no objection if the sole Arbitrator be appointed to adjudicate the disputes between the
, parties. He further submits that the respondent wishes to raise counter
, ' claims against the petitioner and the same would be raised before the learned
Arbitrator.
With the consent of the parties, the prayer made in the petition is allowed. Mr. Justice Anil Kumar, Retd. Judge of this Court, (Mobile NO. 9818000140), B-33, Panchsheel Enclave, New Delhi -110017 is appointed as sole Arbitrator to adjudicate the disputes arising out of the agreement in
2016:DHC:8316 question between the parties as mentioned in the present petition. The parties are also allowed to file their respective claims and counter-claims before the Arbitrator within two weeks. Liberty is granted to the respondent to raise all the grounds as mentioned in the reply to the petition. The
Arbitrator shall file the affidavit of"no conflict or interest".
The arbitration shall take place under the aegis of Delhi International
Arbitration Centre ('DAC'). The Arbitrator shall ensure the compliance of the provisions of Arbitration and Conciliation (Amendment) Act, 2015 before commencing the arbitration. The fees of the learned Arbitrator shall be in terms of the Delhi International Arbitration Centre (Administrative
Cost Arbitrator's Fees) Rules. The parties to appear before the Centre on
11th May, 2016 for directions.
The petition is accordingly disposed of.
Copy ofthis order be given dasti to the learned counsel for the parties and a copy thereof be delivered to the learned Arbitrator as well as
Additional Coordinator, DAC forthwith.
APRIL 25, 2016 2016:DHC:8316
25.04.2016 The present petition has been filed by the petitioner under Section
11(5) read with Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment ofan Arbitrator.
Reply has been filed. Rejoinder is not filed. Learned counsel for the respondent, upon instructions, submits that the respondent has no objection if the sole Arbitrator be appointed to adjudicate the disputes between the
, parties. He further submits that the respondent wishes to raise counter
, ' claims against the petitioner and the same would be raised before the learned
Arbitrator.
With the consent of the parties, the prayer made in the petition is allowed. Mr. Justice Anil Kumar, Retd. Judge of this Court, (Mobile NO. 9818000140), B-33, Panchsheel Enclave, New Delhi -110017 is appointed as sole Arbitrator to adjudicate the disputes arising out of the agreement in
2016:DHC:8316 question between the parties as mentioned in the present petition. The parties are also allowed to file their respective claims and counter-claims before the Arbitrator within two weeks. Liberty is granted to the respondent to raise all the grounds as mentioned in the reply to the petition. The
Arbitrator shall file the affidavit of"no conflict or interest".
The arbitration shall take place under the aegis of Delhi International
Arbitration Centre ('DAC'). The Arbitrator shall ensure the compliance of the provisions of Arbitration and Conciliation (Amendment) Act, 2015 before commencing the arbitration. The fees of the learned Arbitrator shall be in terms of the Delhi International Arbitration Centre (Administrative
Cost Arbitrator's Fees) Rules. The parties to appear before the Centre on
11th May, 2016 for directions.
The petition is accordingly disposed of.
Copy ofthis order be given dasti to the learned counsel for the parties and a copy thereof be delivered to the learned Arbitrator as well as
Additional Coordinator, DAC forthwith.
APRIL 25, 2016 2016:DHC:8316
JUDGMENT