Ivy Ecoenergy India Pvt Ltd v. Inox Wind Infrastructure Services Limited

$~1 & 2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 394/2020, I.A. 8329/2020 + ARB.P. 395/2020, I.A. 8330/2020 IVY ECOENERGY INDIA PVT LTD VANILLA CLEAN POWER PRIVATE LIMITED ..... Petitioner(s) Through:

Mr. Rupesh Gupta, Mr. Nikhil Kohli, Mr. Jeevanandham Rajagopal, Mr. S.

Aravindan and Ms. Varsha Raghavan, Advs.

versus INOX WIND INFRASTRUCTURE SERVICES LIMITED INOX WIND INFRASTRUCTURE SERVICES LIMITED ..... Respondent Through:

Mr. Sahil Chopra, Mr. Sameer Srivastav & Mr. Vineet Dubey, Advs.

with Mr. Remya Sanjiv, AR

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 21.09.2020 This matter is being heard through video-conferencing. I.A. 8329/2020 (for exemption) in ARB.P. 394/2020 I.A. 8330/2020 (for exemption) in ARB.P. 395/2020 Exemption allowed subject to all just exceptions. Applications are disposed of.

ARB.P. 394/2020 ARB.P. 395/2020 1.

These petitions have been filed by the petitioner(s) under Section 11(6)(b) of the Arbitration and Conciliation Act, 1996 for appointment of a Sole Arbitrator.

2.

Learned counsel for the parties states though the contracts in both the matters are separate, a common Arbitrator be appointed who shall deal with the disputes separately.

3.

Noting the submissions made by the learned counsel for the parties, this Court appoints Justice Manmohan Sarin, former Chief Justice of Jammu and Kashmir High Court as a Sole Arbitrator, who shall adjudicate the dispute and differences in both the contracts separately. The fee of the learned Sole Arbitrator in both the matters shall be regulated by the Fourth Schedule of the Arbitration and Conciliation Act, 1996. 4.

The parties to appear before learned Sole Arbitrator for preliminary hearing after taking prior appointment on his mobile No. 9818000210. 5.

Let a copy of this order be sent to Justice Manmohan Sarin (Retd.) for information.

6.

Even the learned counsel for the parties shall be at liberty to convey this order to Justice Manmohan Sarin (Retd.) 7.

The petitions are disposed of.

8.

I take on record the submission made by Mr. Rupesh Gupta, learned counsel for the petitioners that the Court fee has already been deposited in the Court.

V. KAMESWAR RAO, J SEPTEMBER 21, 2020/aky