Global Engineers v. All India Society For Health Aid Eductation And Research

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 259/2019 GLOBAL ENGINEERS ..... Petitioner Through:

Mr. Sandeep Sharma, Mr Sarthak Mannan and Ms. Konika Mitra, Advocates.

versus ALL INDIA SOCIETY FOR HEALTH AID EDUCTATION AND RESEARCH ..... Respondent Through:

Ms. Petal Chandhok and Ms. Nayantara Sharma, Advocates.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 15.05.2019

1. The Respondent does not dispute the existence of the Arbitration Agreement. The invocation notice is also not disputed. Respondent also does not oppose the present petition.

2. The learned counsels for the parties on instructions from their respective clients jointly pray that the Court may appoint a Sole Arbitrator for the adjudication of disputes between the parties instead of the three member tribunal envisaged under the agreement. In view of the joint consent of the parties, the Court seeks no impediment in allowing the prayer made by the parties

3. In view of the above, Mr. Swatanter Kumar (Retired Supreme Court Judge) (Mob.9560413636) is appointed as Sole Arbitrator to adjudicate the disputes and differences including claims and counter-claims of the parties

to the present petition.

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 1996 Act before entering upon reference.

5. The learned Arbitrator will be paid his fee in terms of the provisions of the Fourth Schedule appended to the Arbitration and Conciliation Act, 1996

6. The Petition is allowed in the above terms. No order as to costs. The Registry will despatch a copy of this order to the learned Arbitrator. SANJEEV NARULA, J MAY 15, 2019 nk