Pnb Housing Finance Limited v. Kinner Kanu Nayak & ORS.

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 11/2018 PNB HOUSING FINANCE LIMITED ..... Petitioner Through:

Mr. Nishant Maidasani, Advocate.

versus KINNER KANU NAYAK & ORS.

..... Respondents Through:

Mr. B. Mithun Shashank proxy counsel for Mr.

Vikas Mehta, Advocate

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 06.04.2018 Learned counsel for the respondents submits that the reply is ready and would be filed during the course of the day. Learned counsel for the petitioner submits that an Arbitrator has already been appointed to adjudicate the disputes between the parties and he has entered upon the reference.

Learned counsel for the respondents submits that he has no knowledge about the appointment of the Arbitrator. Be that as it may, as the Arbitrator has already been appointed, the Interim Order dated 11th January, 2018 shall continue for a further period of 30 days within which the Arbitrator appointed, shall hold a hearing and decide on further continuation of this order after hearing the respondents. The respondents shall be entitled to file an application before the Arbitrator seeking modification/variations/vacation of the Interim Order passed by this

Court.

It is made clear that the Arbitrator shall decide such application uninfluenced by the order passed by this Court. It is further clarified that this Court has not gone into the question of whether the Arbitrator has been validly appointed or is otherwise eligible to be appointed as an Arbitrator. The petition is disposed of with the above directions. NAVIN CHAWLA, J APRIL 06, 2018 Rekha