Dilip Kumar Swain v. Union Of India Through General Manager Northern Railways

$~2, 3 & 4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 8th April, 2022 + ARB.P. 282/2022 DILIP KUMAR SWAIN ..... Petitioner versus UNION OF INDIA THROUGH GENERAL MANAGER NORTHERN RAILWAYS ..... Respondent + ARB.P. 283/2022 DILIP KUMAR SWAIN ..... Petitioner versus UNION OF INDIA THROUGH GENERAL MANAGER NORTHERN RAILWAYS ..... Respondent AND + ARB.P. 284/2022 DILIP KUMAR SWAIN ..... Petitioner versus UNION OF INDIA THROUGH GENERAL MANAGER NORTHERN RAILWAYS ..... Respondent Advocates who appeared in this case:

For the Petitioner:

Mr. Chetan Wahi, Advocate.

For the Respondent:

Mr. Jagjit Singh, Mr. Preet Singh, Mr. Vipin Chaudhary and Ms. Kalyani, Advocates.

CORAM:- HON'BLE MR. JUSTICE SANJEEV SACHDEVA

JUDGMENT

SANJEEV SACHDEVA, J ARB.P. 282/2022 & connected matters

1.

Petitioner seeks appointment of an arbitral tribunal in terms of similar agreements all dated 10.04.2014. The arbitration clause stipulates reference to the dispute to a sole arbitrator. 2.

Learned counsel for respondent submits that without prejudice to their defence, they have no objection to appointment of a sole arbitrator. 3.

Learned counsel for parties submits that since the disputes arising in the three petitions are identical in nature, one common arbitral tribunal be constituted.

4.

Accordingly, with the consent of the parties, Mr. Jai Sahai Endlaw, Advocate is appointed as the Sole Arbitrator. 5.

The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996. The fee of the Arbitrator shall be paid equally by the parties.

6.

The Arbitrator shall file the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within two weeks of entering reference.

7.

The petitions are disposed of in the above terms. SANJEEV SACHDEVA, J APRIL 08, 2022/NA ARB.P. 282/2022 & connected matters