Planning And Infrastructural Development Consultants Private Limited v. Lkt Engineering Consultant Limited

$~4& 21 to 25 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 01st April, 2022 + ARB.P. 38/2022 LKT ENGINEERING CONSULTANTS LTD..... Petitioner versus M/S PLANNING AND INFRASTRUCTURAL DEVELOPMENTS CONSULTANTS PVT LTD...Respondent + ARB.P. 402/2022& I.A. 5084/2022 LKT ENGINEERING CONSULTANTS LTD..... Petitioner versus PLANNING AND INFRASTRUCTURAL DEVELOPMENTS CONSULTANTS PVT LTD ..... Respondent + ARB.P. 408/2022& I.A. 5076/2022 LKT ENGINEERING CONSULTANTS LTD..... Petitioner versus PLANNING AND INFRASTRUCTURAL DEVELOPMENTS CONSULTANTS PVT LTD ..... Respondent + ARB.P. 409/2022& I.A. 5077/2022 PLANNING AND INFRASTRUCTURAL DEVELOPMENTS CONSULTANTS PRIVATE LTD .....Petitioner

versus LKT ENGINEERING CONSULTANTS LTD.....Respondent + ARB.P. 410/2022& I.A. 5078/2022 PLANNING AND INFRASTRUCTURAL DEVELOPMENTS CONSULTANTS PRIVATE LIMITED .....Petitioner versus LKT ENGINEERING CONSULTANTS LIMITED ....Respondent AND + ARB.P. 411/2022& I.A. 5079/2022 PLANNING AND INFRASTRUCTURAL DEVELOPMENTS CONSULTANTS PRIVATE LIMITED .....Petitioner versus LKT ENGINEERING CONSULTANTS LIMITED

...Respondent

Advocates who appeared in this case:

For the Appellant:

Mr. Vikas Kumar, Advocate for LKT Engineering Consultants Limited.

For the Respondent:

Mr. Manish Verma and Mr. Aman Advocates for Planning and Infrastructural Developments Consultants Pvt. Ltd.

CORAM:- HON'BLE MR. JUSTICE SANJEEV SACHDEVA

JUDGMENT

SANJEEV SACHDEVA, J 1.

These petitions arise out of different MOUs entered into between the same parties. The respective clauses of reference of disputes to arbitration is similar.

2.

Learned counsel for parties submit that though the disputes arise out of different agreements and the claims and counter-claims are different, as the parties are common, it is prayed that one arbitral tribunal be constituted to arbitrate the separate disputes emanating between the parties. 3.

Accordingly, the petitions are allowed and the disputes are referred to the Delhi International Arbitration Centre (DIAC), which would appoint one common arbitrator to arbitrate all the disputes of the parties. The arbitration shall take place under the aegis of the DIAC in accordance with its rules and regulations.

4.

The arbitrator would be entitled to charge fees in accordance with the schedule of fee stipulated by the DIAC.

5.

The arbitrator shall also furnish the requisite disclosure under section 12(2) of the Arbitration and Conciliation Act, 1996 within one week of entering reference.

6.

Petitions are disposed of in the above terms. SANJEEV SACHDEVA, J APRIL 1, 2022/NA