Metro Heritage Pvt. Ltd v. Sterling Holiday Resorts Ltd.

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 563/2021 METRO HERITAGE PVT. LTD ..... Petitioner Through Mr. Raghavendra M. Bajaj and Mr. Nikhil Bamal, Advs.

versus STERLING HOLIDAY RESORTS LTD. ..... Respondent Through Ms. Shalini Kaul, Adv.

CORAM:

HON'BLE MR. JUSTICE C .HARI SHANKAR O R D E R (ORAL) % 16.09.2021 (Video-Conferencing) 1.

On the last date of hearing, Ms. Shalini Kaul, learned Counsel for the respondent, had sought time to take instructions as to whether her client was agreeable to the arbitration being conducted by a sole arbitrator. She returns, today, with the instruction that her client is insisting on strict compliance with the arbitral protocol in the agreement between the parties, which envisages arbitration by an Arbitral Tribunal of three arbitrators.

2.

The petitioner has appointed one Mr. Pradhuman Gohil, an Advocate, as its arbitrator and the respondent has appointed Mr. Anil Kher, learned Senior Counsel, as its arbitrator. 3.

The two arbitrators appear to have been unable to arrive at a consensus regarding the Presiding Arbitrator. As such, both learned ARB.P. 563/2021 Page 1 of 2 By:SUNIL SINGH NEGI 10:52:44

Counsel request the Court to appoint the Presiding Arbitrator. In view thereof, this Court appoints Hon'ble Mr. Justice Chander Mohan Nayar, a former judge of this Court as the Presiding Arbitrator. The contact details of the Presiding Arbitrator are as under: Email ID : cmnayar2009@gmail.com Cell No.

: 9811200328 Address : C-490, Defence Colony, New Delhi 4.

With consent, it is directed that each of the arbitrators would be entitled to charge fees in accordance with the Fourth Schedule to the Arbitration and Conciliation Act, 1996.

5.

With the aforesaid directions, this petition stands disposed of. C. HARI SHANKAR, J.

SEPTEMBER 16, 2021 r.bararia ARB.P. 563/2021 Page 2 of 2 By:SUNIL SINGH NEGI 10:52:44