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HIGH COURT OF DELHI
ARB.P. 470/2014
RADHEY TRADERS Petitioner
Through Mr.Soumitra Chatterjee, Adv.
ARB.P. 470/2014
RADHEY TRADERS Petitioner
Through Mr.Soumitra Chatterjee, Adv.
VERSUS
JAVED AKHTAR & ANR Respondents
Through Mr.Milan Kumar, Adv.
Through Mr.Milan Kumar, Adv.
CORAM:
HON'BLE MR.JUSTICE MANMOHAN SINGH
03.02.2016 Pleadings are complete.
The main contention of the learned counsel for the respondents is that the respondents are disputing the execution of the agreement.
According to him, the agreement is signed by Mr.Bhushan Kumar who is not authorized by Mr.Javed Akhtar. But the fact of the matter is that in view of the agreement, the cheques have been issued by the respondents which have been dishonoured. Learned counsel for the petitioner submits that Mr.Bhushan Kumar was authorized by Mr.Javed
Akhtar.
Heard. With the consent of the parties, the prayer made in the petition is allowed. As agreed, Ms.Rajasree Ajay, Advocate (Mob.
9250053858), who is present in Court, is appointed as sole Arbitrator to adjudicate the disputes arising out of the agreement in question between the parties as mentioned in the present petition. The parties are also allowed to file their respective claims and counter-cl7aims before the Arbitrator. Liberty is granted to the respondents to raise all the grounds as mentioned in the reply to the petition. The parties to
2016:DHC:8279 Qo) appear before the Arbitrator on 15^*^ February,2016for directions.
The learned Arbitrator shall ensure the compliance of the provisions of Arbitration and Conciliation (Amendment) Ordinance, 2015 before commencing the arbitration.
The fee of the Arbitrator is fixed at Rs.25000/- which shall be paid by both the parties in equal proportion.
Copy of this order be given dasti to the learned counsel for the parties and a copy thereof be delivered to the learned Arbitrator.
FEBRUARY 03,2016/jk 2016:DHC:8279
03.02.2016 Pleadings are complete.
The main contention of the learned counsel for the respondents is that the respondents are disputing the execution of the agreement.
According to him, the agreement is signed by Mr.Bhushan Kumar who is not authorized by Mr.Javed Akhtar. But the fact of the matter is that in view of the agreement, the cheques have been issued by the respondents which have been dishonoured. Learned counsel for the petitioner submits that Mr.Bhushan Kumar was authorized by Mr.Javed
Akhtar.
Heard. With the consent of the parties, the prayer made in the petition is allowed. As agreed, Ms.Rajasree Ajay, Advocate (Mob.
9250053858), who is present in Court, is appointed as sole Arbitrator to adjudicate the disputes arising out of the agreement in question between the parties as mentioned in the present petition. The parties are also allowed to file their respective claims and counter-cl7aims before the Arbitrator. Liberty is granted to the respondents to raise all the grounds as mentioned in the reply to the petition. The parties to
2016:DHC:8279 Qo) appear before the Arbitrator on 15^*^ February,2016for directions.
The learned Arbitrator shall ensure the compliance of the provisions of Arbitration and Conciliation (Amendment) Ordinance, 2015 before commencing the arbitration.
The fee of the Arbitrator is fixed at Rs.25000/- which shall be paid by both the parties in equal proportion.
Copy of this order be given dasti to the learned counsel for the parties and a copy thereof be delivered to the learned Arbitrator.
FEBRUARY 03,2016/jk 2016:DHC:8279
JUDGMENT