M/S Colliers International India Property Services Pvt. Ltd. v. Arc Arora Projects Private Limited

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 665/2024 M/S COLLIERS INTERNATIONAL INDIA PROPERTY SERVICES PVT. LTD.

.....Petitioner Through:

Mr. Rizwan, Mr. Azadar Husain, Ms.

Sachi Chopra, Ms. Nistha Sinha, Advs versus ARC ARORA PROJECTS PRIVATE LIMITED .....Respondent Through:

Ms. Radhika Arora, Mr. Uttam Kumar, Advs.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 24.07.2024 1.

This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of a Sole Arbitrator. 2.

The facts are that the respondent approached the petitioner for purposes of providing Project Management and Project Management Consultancy Services for the project of developing an IT Park at Plot No. 33-34, Old Delhi Gurgaon Road, near Sharda Farm, Shri Krishna Chowk, Sector 19, Dundahera, Gurugram, Haryana - 122016.

3.

The parties entered into an Agreement dated 09.03.2022 for the said purpose.

4.

It is stated that the petitioner started performing its obligation The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

pursuant to the said agreement.

5.

The tenure of the agreement was extended by the respondent from 15.06.2022 till the completion of the project vide an amendment order.

6.

Since there were disputes with regard to pending payments, the petitioner invoked arbitration vide legal notice dated 28.03.2024. 7.

During the pendency of the present petition, the parties were referred to the Delhi High Court Mediation and Conciliation Centre to explore possibility of settlement, but no settlement could be arrived at.

8.

Ms. Arora, learned counsel appears for the respondent and states that the petition may be allowed and a Sole Arbitrator may be appointed.

9.

For the said reasons, the petition is allowed and the following directions are issued:- i) Mr.

Sanjay Kumar Singh, Advocate (Mob.

No.

9971791268) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

ii) The arbitration will be held under the aegis of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the 'DIAC'). The remuneration of the learned Arbitrator shall be in terms of the Fourth Schedule of the Arbitration & Conciliation Act, 1996.

iii) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

reference.

iv) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims/counterclaims and merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator. v) The parties shall approach the learned Arbitrator within two weeks from today.

10. The petition is disposed of in the aforesaid terms. JASMEET SINGH, J JULY 24, 2024 / (MS) Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.