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$rv 6 & 32 HIGH COURT OF DELHI
ARB.P. 17/2016
KBSH PVT. LTD ..... Petitione
Through Mr.K.Datta, Adv. with Mr.Manish Srivastava &
Mr.Rahul Malhotra, Advs.
ARB.P. 17/2016
KBSH PVT. LTD ..... Petitione
Through Mr.K.Datta, Adv. with Mr.Manish Srivastava &
Mr.Rahul Malhotra, Advs.
VERSUS
SOLAR CREATIONS PVT. LTD. ..... Respond
Through Mr.Ravi Prakash, Adv. with Ms.Anusha Jacob, Adv.
O.M.p.eI) (COtJIM.) 57/2015 KBSH PVT. LTD ..... Petitione
Through Mr.K.Datta, Adv. with Mr.Manish Srivastava &
Mr.Rahul Malhotra, Advs.
Through Mr.Ravi Prakash, Adv. with Ms.Anusha Jacob, Adv.
O.M.p.eI) (COtJIM.) 57/2015 KBSH PVT. LTD ..... Petitione
Through Mr.K.Datta, Adv. with Mr.Manish Srivastava &
Mr.Rahul Malhotra, Advs.
VERSUS
SOLAR CREATIONS PVT. LTD. .. ... Responde
Through Mr.Ravi Prakash, Adv. with Ms.Anusha Jacob, Adv.
Through Mr.Ravi Prakash, Adv. with Ms.Anusha Jacob, Adv.
CORAM:
HONIBlE MR. JUSTICE MANMOHAN SINGH
0/0 09.02.2016 Upon instructions from their respective clients, learned coun for the parties have stated that the abovementioned petitions disposed of, with the following directions which are being passed w the consent of the parties:
2016:DHC:8380 (i) As agreed, Mr.Arun Kathpalia, Advocate (Mobile
No.9810115271) is appointed as sole Arbitrator to adjudicate the disputes 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. The arbitration shall take place under the aegis of Delhi International Arbitration Centre CDAC'). The
Arbitrator shall ensure the compliance of the provisions of
Arbitration and Conciliation (Amendment) Ordinance, 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, which would be shared by both the parties in equal proportions.
(ii) With the consent of the parties, the interim order passed on 11th December, 2015 in OMP(I) (COrvIM.) No.57/2015, wherein part of the reliefs has been granted in favour of the petitioner, is made absolute during the pendency of the arbitration proceedings.
(iii) As agreed, with regard to the other reliefs claimed in the petition which were not granted by the order dated 11th December, 2015, liberty is granted to the petitioner to file the fresh application, if necessary, under Section 17 of the
Arbitration and Conciliation Act, 1996.
Both the petitions are accordingly disposed of.
Copy of this order be given dasti to the learned coun'sel for the parties and a copy thereof be delivered to the'learned Arbitrator as well as Additional Coordinator, DAC forthwith.
~~ FEBRUARY 09, 2016
0/0 09.02.2016 Upon instructions from their respective clients, learned coun for the parties have stated that the abovementioned petitions disposed of, with the following directions which are being passed w the consent of the parties:
2016:DHC:8380 (i) As agreed, Mr.Arun Kathpalia, Advocate (Mobile
No.9810115271) is appointed as sole Arbitrator to adjudicate the disputes 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. The arbitration shall take place under the aegis of Delhi International Arbitration Centre CDAC'). The
Arbitrator shall ensure the compliance of the provisions of
Arbitration and Conciliation (Amendment) Ordinance, 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, which would be shared by both the parties in equal proportions.
(ii) With the consent of the parties, the interim order passed on 11th December, 2015 in OMP(I) (COrvIM.) No.57/2015, wherein part of the reliefs has been granted in favour of the petitioner, is made absolute during the pendency of the arbitration proceedings.
(iii) As agreed, with regard to the other reliefs claimed in the petition which were not granted by the order dated 11th December, 2015, liberty is granted to the petitioner to file the fresh application, if necessary, under Section 17 of the
Arbitration and Conciliation Act, 1996.
Both the petitions are accordingly disposed of.
Copy of this order be given dasti to the learned coun'sel for the parties and a copy thereof be delivered to the'learned Arbitrator as well as Additional Coordinator, DAC forthwith.
~~ FEBRUARY 09, 2016
JUDGMENT