M/S Design Associates Inc A Partnership Firm Through Partner Mr Sumere Das v. Employee State Insurance Corporation Through Its Nominated Counsel

$~7 & 8 (original) * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 573/2021 & I.A.7786/2021 M/S DESIGN ASSOCIATES INC A PARTNERSHIP FIRM THROUGH PARTNER MR SUMERE DAS ..... Petitioner Through:

Mr. Raj Shekhar Rao, Sr. Adv.

with Mr.

Arjun Dewan, Mr.

Arjun Mukherjee and Mr. Akash Arora, Advs.

versus EMPLOYEE STATE INSURANCE CORPORATION THROUGH ITS NOMINATED COUNSEL ..... Respondent Through:

Mr. S.Wasim A. Qadri, Sr.

Adv. with Mr. V.K. Singh, Ms. Prachi Singh, Mr. Sourav Kumar and Mr. Saeeed Qadri, Advs.

+ ARB.P. 574/2021 & I.A.7792/2021 M/S DESIGN ASSOCIATES INC A PARTNERSHIP FIRM THROUGH PARTNER MR SUMERE DAS ..... Petitioner Through:

Mr. Raj Shekhar Rao, Sr. Adv.

with Mr.

Arjun Dewan, Mr.

Arjun Mukherjee and Mr. Akash Arora, Advs.

versus EMPLOYEE STATE INSURANCE CORPORATION THROUGH ITS NOMINATED COUNSEL ..... Respondent Through:

Mr. S.Wasim A. Qadri, Sr.

Adv. with Mr. V.K. Singh, Ms.Prachi Singh, Mr. Sourav Kumar and Mr. Saeeed Qadri, Advs.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR O R D E R (O R A L) % 17.11.2021 1.

Learned Senior Counsel for parties are, ad idem, agreeable to the disputes in these two petitions being referred to an arbitrator By:SUNIL SINGH NEGI 19:31:29 ARB.P. 573/2021 & 574/2021

appointed by the Court, keeping all contentions including maintainability, arbitrability and merits of the dispute open for arguments before the learned Arbitral Tribunal. 2.

In view thereof, the necessity of entering into the facts of the case is obviated.

3.

The total claim in both these matters put together is stated to be in the region of about ₹ 12 crores.

4.

Accordingly, the Court appoints Hon'ble Mr. Justice V.K. Shali (Retd.), a former judge of this Court [Phone No.971749500; e-mail ID: vkshali54@gmail.com], as the arbitrator to arbitrate on the dispute between the parties. The learned arbitrator shall be entitled to charge fees in accordance with the Fourth Schedule to the Arbitration & Conciliation Act, 1996. The learned Arbitrator would file the requisite disclosure under Section 12(2) of the 1996 Act within a week of entering on reference. All rights and contentions of the parties are kept open for agitation before the learned arbitrator. 5.

Accordingly, these petitions alongwith pending applications stand disposed of in the aforesaid terms.

C. HARI SHANKAR, J NOVEMBER 17, 2021/kr By:SUNIL SINGH NEGI 19:31:29 ARB.P. 573/2021 & 574/2021