Jah Developers (P) Ltd., v. M/S. Eisa Lifts Pvt. Ltd.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 159/2019 & I.A. 3390/2019 JAH DEVELOPERS (P) LTD., ..... Petitioner Through:

Mr. Mohit Ramdeo, Advocate.

versus M/S. EISA LIFTS PVT. LTD.

..... Respondent Through:

Mr. S.K. Chandwani and Mr. Sameer Chandwani, Advocates.

Mr. Tarun Gupta, Director Eisa Lifts.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 03.04.2019

1. Learned counsel for the Respondent who appears after notice states that the existence of the Arbitration Agreement between the parties is not disputed. The Director of Respondent No. 1 is also present in the Court. Learned Counsel further states that his client does not have any objection to the appointment of Arbitrator, subject to the court observing that the Respondent would be permitted to raise counter claim and all objections including the plea of limitation in the said arbitration proceedings. The parties are also agreeable for the arbitration to be conducted under the aegis of the Delhi International Arbitration Centre (DIAC).

2. Accordingly, with the consent of the parties, it is directed that an Arbitrator be appointed under the Rules of the DIAC. The representatives of the parties shall appear before the Co-ordinator, DIAC on 25th April 2019 at 4:00 PM. The arbitration shall be conducted under the aegis of DIAC and in accordance with its Rules. Needless to say that the Respondent shall be liberty to take all such objection as are available under law, including filing

of counter claim in the arbitration proceedings.

3. The petition is allowed in the above terms. Order dasti to both the parties. SANJEEV NARULA, J APRIL 03, 2019 nk