Full Text
ARB.P. 573/2015
JUDGMENT
11 AGYARAMGROVER&ORS. Petitioners Through: Mr. Diwakar Singh, Advocate.
VERSUS
A B INSURANCE BROKERS PVT.
LIMITED & ORS. Respondents Through: Mr. Chandrachur Bhattacharyya, Advocate. + ARB.P. 582/2015 12 AGYARAMGROVER&ORS. Petitioners versus RDB INSURANCE BROKING SERVICES PVT. LTD. & ORS. Respondents Advocate. + ARB.P. 583/2015 13 AGYARAMGROVER&ORS. Petitioners versus RDB INSURANCE BROKING SERVICES PVT. LTD. & ORS. Respondents Advocate. CORAM: HON'BLE MR.
JUSTICE J.R. MIDHA 2015:DHC:10549 Y ORDER % 22.12.2015
1. The petitioner is seeking appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act.
2. There is a validarbitration agreement between the parties contained in clause 15.[3] ofthe lease deed dated 26^^ October, 2013 in ARB.P. 573/2015, lease deed dated ll"" December, 2014 in ARB.P.582/2015 and lease deed dated 14^^ November, 2014 in ARB.P. 583/2015. Disputes have arisen between the parties whereupon the petitioner invoked the arbitration agreement.
3. Learned counsels for both the parties submit that they had proposed the name of the arbitrator butthere was no consensus between the parties on the name and, therefore, an independent arbitrator be appointed by this Court.
4. The petition is allowed and Justice S.L. Bhayana (Retd.) is appointed as sole arbitrator to adjudicate the disputes between the parties including their claims and counter-claims. The arbitration shall take place under the aegis ofDelhi International Arbitration Centre ('DAC').
5. The Delhi International Centre shall ensure the compliance of the provisions of Arbitration and Conciliation (Amendment) Ordinance, 2015 dated 23'^'^ October, 2015.
6. Copy of this order be given dasti to counsels for the parties under the signature of the Court Master. A copy of this order be sent to the learned Arbitrator as well as Coordinator, DAC. J.R. MIDHA, J. DECEMBER 22, 2015