Kamal Kamra v. Logix Buildtech Pvt. Ltd.

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 67/2018 KAMAL KAMRA ..... Petitioner Through:

Mr.Tarun Vaid & Ms.Heena Sharma, Adv.

versus LOGIX BUILDTECH PVT. LTD.

..... Respondent Through:

Mr.A.K.

Singla, Sr.

Adv.

with Mr.Vijay Kaundal, Mr.Nitish K.

Sharma & Mr.Anshul, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 18.04.2018 This petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') has been filed by the petitioner seeking appointment of a Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the 'Agreement to Sub-Lease' dated 20.03.2017. The said agreement contains an Arbitration Agreement between the parties in the form of Article XVI of the same. The learned senior counsel for the respondent submits that the respondent also has a Counter Claim against the petitioner. He further submits that instead of an Arbitral Tribunal consisting of three Arbitrators, the disputes may be referred to a Sole Arbitrator taking into account the nature of the claim made by either side.

This submission is agreeable to the counsel for the petitioner as well. In view of the above, I appoint Mr.S.K. Tandon (Retd. Additional

District Judge), R/o 244, Bank Enclave, Delhi-110092, Mobile:-9811719888 as a Sole Arbitrator for adjudicating the disputes that have arisen between the parties. Before entering into reference the Arbitrator shall give his disclosure statement under Section 12(1) of the Act to the parties. It is made clear that in such arbitration proceedings the respondent would be entitled to file an application under Section 17 of the Act and the same shall be decided expeditiously by the Arbitrator. The petition is allowed in the above terms.

Dasti, under the signature of the Court Master. NAVIN CHAWLA, J APRIL 18, 2018/rv