The Central Agricultural University v. Bhargava & Associates Pvt Ltd

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (COMM) 150/2020 & I.A. 6841/2023, I.A. 3322/2024, I.A. 3541/2024, I.A. 10950/2024 THE CENTRAL AGRICULTURAL UNIVERSITY .....Petitioner Through:

Mr. Arvind Kr. Sharma, Sr. Adv. with Ms. P.D. Bujarbaruah, Sr. Adv. with Mr. Aniteja Sharma, Adv.

versus BHARGAVA & ASSOCIATES PVT LTD .....Respondent Through:

Mr. Anuneshwar Gupta, Sr. Adv. with Mr. Rahul Shukla, Ms. Bachita Barush Shukla Mr. Keshav Kumar, Advs.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 28.05.2025 1.

This is a petition filed under section 34 of the Arbitration and Conciliation Act, 1996 seeking setting aside of the Arbitral Award dated 25.02.2013.

2.

With consent of parties, the Arbitral Award dated 25.02.2013 is set aside. The parties further consent that an arbitrator be appointed with directions to the arbitrator to hear all the issues including the preliminary issues as framed by the previous arbitrator without calling for other pleadings or any further evidence of the parties. 3.

For the said reasons, the following directions are issued:- i) Mr. Justice Suresh Kumar Kait (Retd. Chief Justice of High Court of Madhya Pradesh) (Mob. No. 8527115555) is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 15:57:58

appointed as a Sole Arbitrator to adjudicate the issues between the parties.

ii) The arbitration will be held under the aegis and rules of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the 'DIAC'). iii) The fee of the arbitrator is fixed at Rs. 1.5 lakhs per hearing subject to a maximum of 15 lakhs to be paid equally by both the parties (10 hearings).

iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference.

v) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims/counter-claims and merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator.

vi) The parties shall approach the learned Arbitrator within two weeks from today.

4.

The amount lying deposited with the Registrar-General, Delhi High Court with up to date accrued interest shall be released in favour of The Central Agricultural University and/ or its counsel. 5.

The present petition is disposed of in the aforesaid terms. JASMEET SINGH, J MAY 28, 2025/sp Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 15:57:58