M/S Deepak & Co. v. Indian Railway Catering & Tourism Corporation Ltd.

$~12 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 354/2019 M/S DEEPAK & CO.

..... Petitioner Through:

Mr. Naresh Thanai, Advocate with Ms. Khushboo Singh, Advocate.

versus INDIAN RAILWAY CATERING & TOURISM CORPORATION LTD.

..... Respondent Through:

Mr. Nikhil Majithia, Advocate.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 29.05.2019

1. The present petition under Section 11 of the Arbitration and Conciliation Act seeks appointment of the sole Arbitrator to adjudicate the disputes and differences that have arisen between the parties.

2. Learned counsel for the Respondent does not dispute the existence of the Arbitration Agreement or the invocation thereof. He, however, states that an Arbitrator be appointed amongst the list of empanelled Arbitrators of the Respondents.

3. A list of the empanelled Arbitrators has been handed over in Court and the same is taken on record.

A copy thereof has been provided to the learned counsel for the Petitioner who on instructions states that he has no

objection if the Court were to appoint any of the Arbitrators from the aforesaid list.

4. Accordingly, Mr. P.S. Nerwal, Ex Member RCT (Mob No. 9810853291) (Address:- Flat No. 801, Sakoham Apartments, Plot No. 40-B, Sector 10, Dwarka, New Delhi 110075) is appointed as the sole Arbitrator to adjudicate the disputes including claims and counter claims between the parties.

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 Arbitrator shall be paid fee in terms of the fee schedule of the Respondent.

7. The application 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 29, 2019 ss