Full Text
ARB.P. 283/2012
NARESH BABU SHARMA Petitioner
Through Mr.S.S.Ahluwalia, Adv.
Through Mr.M.Amanullah, Adv.
Through Mr.S.S.Ahiuwaiia, Adv.
ORDER o/o 29.01.2016 The above mentioned two petitions are pending for the last more than three years. Both the matters have been discussed for some time. Both the parties are aiso present before Court for the purposes of settlement. However, the settlement could not be arrived at between the parties. Both the parties are agreeable that both the petitions may be disposed of on the following terms and conditions
JUDGMENT
1. Parties agree that Mr.Kamal Nijhawan, Advocate (Mobile No.9810077957) is appointed as an Arbitrator to adjudicate the disputes between the parties.
2. The respondent who is present in Court agrees that till the 2016:DHC:8845 time Arbitrator renders his award, the respondent shall pay a sum of Rs.15,000/- per month to the petitioner without prejudice in order to protect the rights with regard to the relief claimed by the petitioner in OMR No.446/2012. The fee of the learned Arbitrator at this stage is fixed at Rs.l lac which shall be paid by both the parties in equal proportion. The parties to appear before the Arbitrator on 23'"'^ February, 2016 for directions. The learned Arbitrator shall ensure the compliance of the provisions of Arbitration and Conciliation (Amendment) Ordinance, 2015 before commencing the arbitration. Liberty is also granted to the parties to move an application, if necessary, before the Arbitrator for interim relief and the learned Arbitrator would decide the same as per its own merit. Both the petitions are accordingly disposed of. The learned Arbitrator is requested to decide the disputes as early as possible. Copy of this order be given dasti to the learned counsel for the parties and a copy thereof be delivered to the learned Arbitrator.
JANUARY 29, 2016/vp ^ 22?' $-.43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. 446/2012 Through Mr.S.S.Ahluwalia, Adv.
VERSUS
CORAM: HON'BLE MR.
JUSTICE MANMOHAN SINGH ORDER % 25.02.2016 I.A. No.2660/2016 (u/s 152 CPC by petitioner) The abovementioned application has been filed by the petitioner under Section 152 CPC for correction in the order dated 29th January, 2016. By the said common order, the petition filed by the petitioner being Arb. P. No.283/2012 as well as the present petition were disposed of, on certain terms and conditions, including that "2. The respondent who is present in Court agrees that till the time Arbitrator renders his award, the respondent shall pay a sum of Rs. 15,000/- per month to the petitioner without prejudice in order to protect the rights with regard to the relief claimed by the petitioner in O.MP. No. No.44612012." It is stated in the application that instead of Rs. 15,000/- per month, the sum of Rs.50,000/- per month was awarded. ci-_^ Issue notice to the respondent. Learned counsel for the respondent accepts the notice. He has no objection if the prayer made in the application is allowed. Ordered accordingly. The said error appears to be a typographical one. Thus, the order dated 291h January, 2016 is modified to the extent that the figure of Rs.15,000/- be read as Rs.50,000/- per month. The remaining order shall remain intact. The application is disposed of. -IN FEBRUARY 25, 2016