Rakyan Beverages Pvt.Ltd v. Dairy Chem Corporation

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 85/2017 RAKYAN BEVERAGES PVT.LTD ..... Petitioner Through Mr. Sandeep Grover and Mr. Mohit Chadha, Advocates versus DAIRY CHEM CORPORATION ..... Respondent Through Ms. Srishty Kaul, Advocate

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 24.04.2017 The petitioner has filed the present petition under Section 11 of the Arbitration & Conciliation Act, 1996 (hereafter 'the Act') inter alia praying that an arbitrator be appointed to adjudicate the disputes that have arisen between the parties in relation to Distributor Agreements dated 15th September, 2015 and 1st April, 2016.

The learned counsel appearing for the respondent submits that she has no objection if an independant arbitrator is appointed to adjudicate the disputes between the parties.

Accordingly, with the consent of the parties, it is directed that an arbitrator be appointed under the Rules of Delhi International Arbitration Centre (DIAC). The parties shall appear before the Co-ordinator, DIAC on 03.07.2017 at 11:00 AM. The arbitration shall be conducted under the aegis of DIAC and in accordance with its Rules.

In view of the submission made by the learned counsel for the respondents that the respondents are willing to resolve the disputes amicably, it is directed that parties/representatives of the parties shall appear before the Delhi High Court Mediation and Conciliation Centre (DHCMCC) on 26.04.2017 at 3:30 PM. The parties shall endeavour to resolve the disputes within a period of six weeks, thereafter. In the event, the parties are able to resolve the disputes they shall communicate the same to the Coordinator DIAC and no further steps would be required to be taken by him. However, if the parties are unable to resolve the disputes within the period as specified, they shall appear before the Co-ordinator DIAC as directed. VIBHU BAKHRU, J APRIL 24, 2017 sm