Vikram Solar Limited v. Malwa Solar Power Generation Private Limited

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 401/2019 & CAV. 1095/2019 and IA 15334/2019 VIKRAM SOLAR LIMITED ..... Petitioner Through:

Mr. Dhanesh Relan, Adv. with Ms. Gauri Chaturvedi, Ms. Pallavi Nagar & Mr. Pavitosh Dhawan, Advs.

versus MALWA SOLAR POWER GENERATION PRIVATE LIMITED ..... Respondent Through:

Mr. Arun Kathpalia, Sr. Adv. with Mr. karan Chandhiok, Mr. Vikram Sobti, Ms. Mehul Parti & Mr. Ashwani Malhotra, Advs.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 05.11.2019 CAV. 1095/2019 Learned counsel for the caveator has put in appearance. Caveat stands discharged.

IA 15334/2019 Exemption allowed subject to all just exceptions. The application stands disposed of.

O.M.P.(I) (COMM.) 401/2019 This is a petition filed under Section 9 of the Arbitration & Conciliation Act, 1996. After some arguments, learned counsel for both the parties states that, the parties are ready and willing to refer their disputes

to an Arbitral Tribunal constituted under the contract. In fact, Mr. Relan has proposed the name of Justice R.C. Chopra, a retired Judge of this Court as a nominee arbitrator of the petitioner.

On the other hand, Mr. Kathpalia has proposed the name of Justice A.K. Sikri, a retired Judge of the Supreme Court of India as the respondent's nominee arbitrator. Learned counsel for both the parties state that, both the arbitrators shall appoint a Presiding Arbitrator in terms of the contract and the proceedings shall commence thereafter. They request in view of their statements, the matter be disposed of. Ordered accordingly. Dasti under the signatures of Court Master.

V. KAMESWAR RAO, J NOVEMBER 05, 2019/ak