M/S Ashiana Manufacturing India Ltd. v. M/S Oyo Hotels And Homes Private Limited & ANR.
$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 326/2020, IA 7434/2020, 7435/2020 M/S ASHIANA MANUFACTURING INDIA LTD.
..... Petitioner Through:
Mr. Mayank Wadhwa, Adv.
versus M/S OYO HOTELS AND HOMES PRIVATE LIMITED &ANR. ..... Respondents Through:
Ms. Satakshi Sood, Adv.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
O R D E R
% 27.08.2020 This matter is being heard through video-conferencing. IA 7434/2020 (by petitioner seeking exemption from filing certified copies and true typed copies of dim documents) For the reasons stated in the application, the same is allowed and petitioner is exempted from filing certified copies and true typed copies of dim documents. Application is disposed of.
IA 7435/2020 (by petitioner seeking exemption from filing court fees) Subject to the applicant / petitioner filing the necessary Court fee within 15 days, exemption from filing the requisite court fees is granted. Application is disposed of.
ARB.P. 326/2020 Notice, Ms. Satakshi Sood accepts notice for the respondents. She has taken an objection that the petition qua respondent No.2 is not
maintainable as the contract is between the petitioner and the respondent No.1. She also states that she has no objection, if the disputes between the petitioner and the respondent No.1 are referred to the arbitration. Mr. Mayank Wadhwa, learned counsel for the petitioner is also agreeable to the suggestion of Ms. Satakshi Sood.
Noting the said submissions, this Court appoints Justice Swatanter Kumar, a Retired Judge of the Supreme Court, as the sole Arbitrator, who shall adjudicate the disputes and differences between the parties. The fee of the learned Arbitrator shall be regulated by Fourth Schedule to the Arbitration & Conciliation Act, 1996.
4.
Let a copy of this Order be sent to Justice Swatanter Kumar (Retd.) for information. Learned counsel for the parties are also at liberty to communicate the order to the learned Arbitrator. 5.
Petition is disposed of.
V. KAMESWAR RAO, J AUGUST 27, 2020/ak