M/S Wilson Print City Pvt. Ltd. v. National Co-Operative Consumers Federation Of India Ltd.(Nccf)

$~16 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 316/2019 M/S WILSON PRINT CITY PVT. LTD.

..... Petitioner Through:

Mr. K. Basudev Rao, Advocate with Mr. Sachin Dutt Sharma, Advocate.

versus NATIONAL CO-OPERATIVE CONSUMERS FEDERATION OF INDIA LTD.(NCCF) ..... Respondent Through:

Ms.

Anju Bhattacharya, Advocate with Ms. Deepika Kumar, Advocate.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 09.07.2019

1. The present petition is filed under Section 11 (5) of the Arbitration and Conciliation Act for appointment of Sole Arbitrator on behalf of the Petitioner.

2. 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.

3. The learned counsels for the parties on instructions from their respective clients jointly pray that the Court may appoint an Arbitrator for the adjudication of disputes between the parties. In view of the joint consent of the parties, the Court sees no impediment in allowing the prayer made by the parties.

4. In view of the above, Hon'ble Ms. Justice Veena Birbal (Retired Judge, Delhi High Court) (Mob. 9871300041) is appointed as Arbitrator to adjudicate the disputes and differences between the parties to the present petition.

5. 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.

6. 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.

7. 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 JULY 09, 2019 ss