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High Court of DelhiO.M.P.(I) (COMM.)/450/2019

Sheltrix Developers Pvt Ltd v. Religare Finvest Ltd

2020-01-06Hon'Ble Ms. Justice Jyoti Singh2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(I) (COMM.) 450/2019 SHELTRIX DEVELOPERS PVT LTD ..... Petitioner Through:

Mr. Dushyant Tiwari and Ms. Supriya Pandita, Advocates.

versus RELIGARE FINVEST LTD ..... Respondent Through:

Mr. Prakash Guatam, Advocate with Mr. Yogesh Kumar, AR for respondent.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 06.01.2020 1.

The petitioner has challenged the appointment of a sole arbitrator appointed by the respondent on various grounds inter alia that the arbitrator is handling 40-50 arbitration cases of the respondent. 2.

Learned counsel for the respondent submits on instructions from authorised representative of the respondent that the respondent has no objection to the appointment of a new arbitrator by this Court. It is submitted that the respondent shall terminate the mandate of appointed arbitrator within two weeks.

3.

In view of the aforesaid statement of the respondent, Ms.Justice Manju Goel, former Judge of this Court (Mobile No.9818000330) is appointed as a sole arbitrator to adjudicate the claims and counter claims of the parties. The respondent has claims to the tune of Rs.2,91,58,278/- along with interest thereon against the petitioner. 4.

The arbitration shall be conducted under the aegis of Delhi

International Arbitration Centre (DIAC).

5.

The learned arbitrator shall ensure the compliance of Section 12 read with Fifth, Sixth and Seventh Schedule of Arbitration and Conciliation Act, 1996 before commencing the arbitration.

6.

The fee of the learned arbitrator shall be in accordance with the Schedule of fees prescribed under the Delhi High Court Arbitration Centre (Administrative Costs and Arbitrators' Fees) Rules. 7.

Copy of this order be sent to Delhi International Arbitration Centre (DIAC).

8.

Copy of this order be sent to the learned arbitrator. 9.

Copy of this order be given dasti to counsels for the parties under the signature of the Court Master.

J.R. MIDHA, J.

JANUARY 06, 2020 ak