Ap Secure Services Pvt Ltd v. Umang Dairies Ltd,

$~17 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 236/2019 AP SECURE SERVICES PVT LTD ..... Petitioner Through:

Mr. Abhishek Thakur , Adv.

versus UMANG DAIRIES LTD, ..... Respondent Through:

Mr. Abhijeet Swaroop, Adv.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 10.05.2019

1. The present petition under Section 11(5) of Arbitration and Conciliation Act, 1996 (herein after the 'Act') seeks appointment of a sole arbitrator.

2. The existence of Arbitration Agreement between the parties is not in dispute. Respondent also does not dispute the invocation of the arbitration clause. In fact the said invocation notice has been replied to by the Respondent. Respondent also does not oppose the present petition for appointment of an arbitrator.

3. In view of the foregoing reasons, there is no impediment in allowing the present petition. Accordingly, with the consent of the parties, Hon'ble Ms. Justice Rekha Sharma (Retd. Judge, Delhi High Court ) is appointed as sole Arbitrator to adjudicate the disputes that have arisen between the parties including claims and counter claims.

4. The parties are directed to appear before the Arbitrator as and when notified. Learned Arbitrator will issue a declaration under Section 12 read with the attendant provisions of the Act before entering upon reference.

5. The Petition is allowed in the above terms. No order as to costs. The Registry is directed to dispatch a copy of this order to the learned Arbitrator. SANJEEV NARULA, J MAY 10, 2019 Pallavi