Well Protect Manpower Services Pvt. Ltd v. Delhi Transport Infrastructure Development Corporation Limited ( Dtidc) & ANR

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 7/2016 WELL PROTECT MANPOWER SERVICES PVT. LTD ..... Petitioner Through:

Mr. Tarkeshwar Nath, Adv.

versus DELHI TRANSPORT INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED ( DTIDC) & ANR ..... Respondents Through:

Mr. Shadan Farasat, GNCTD Panel Counsel for R-1 and R-2

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 07.01.2016 I.A.219/2016 (Exemption) Allowed, subject to all just exceptions.

The application stands disposed off.

ARB.P. 7/2016 Notice.

Mr. Shadan Farasat, Advocate, accepts notice. Despite the arbitration clause having been invoked by the petitioner vide the letter dated 26.08.2015, the respondent has not appointed an Arbitrator.

In the circumstances, in view of the dicta of the Supreme Court in Deep Trading Co. Vs. Indian Oil Corpn. (2013) 4 SCC 35, the respondents have lost their rights to appoint the Arbitrator. In the circumstances, Justice Barkat Ali Zaidi (Mobile No. 9560-30-4786) is appointed as the Arbitrator. The fees of the arbitration shall be fixed by the learned

Arbitrator himself/herself before whom the parties shall appear on 14.01.2016 at 4.00 pm.

A copy of this order be sent to learned Arbitrator. The petition stands disposed off in the above terms. NAJMI WAZIRI, J JANUARY 07, 2016/acm