Navdeep Shipping Pvt Ltd v. Distribution Logistics Infrastructure Pvt Ltd

$~2 *IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 05.04.2022 + ARB.P. 978/2021 NAVDEEP SHIPPING PVT LTD ..... Petitioner versus DISTRIBUTION LOGISTICS INFRASTRUCTURE PVT LTD ..... Respondent Advocates who appeared in this case:

For the Petitioner:

Mr. Harsha Vinoy, Advocate (through VC) For the Respondent: Mr. Mohit Gupta, Advocate CORAM:- HON'BLE MR. JUSTICE SANJEEV SACHDEVA

JUDGMENT

SANJEEV SACHDEVA, J. (ORAL) 1.

Learned counsels for the parties submit that the dispute could not be resolved through mediation.

2.

Petitioner has filed the subject petition seeking appointment of an Arbitral Tribunal in term of arbitration clause contained in the Container Lease Agreement dated 01.10.2018. The container lease agreement is not in dispute.

3.

The agreement stipulates that unless the parties concur in ARB.P. 978/2021

appointment of a single Arbitrator, both parties shall appoint one Arbitrator each who in turn shall appoint a Presiding Arbitrator to constitute the Arbitral Tribunal.

4.

Learned counsel for the parties submit that the parties are concurring to appointment of a Sole Arbitrator. 5.

With the consent of the parties, Mr. Justice Rajiv Sahai Endlaw (retd) (former Judge of this Court) is appointed as the Arbitral Tribunal to adjudicate the claims and counter claims, if any, of the parties.

6.

The Arbitrator shall make the requisite disclosure under Section 12 of Arbitration & Conciliation Act, 1996 within two weeks of entering the reference.

7.

Petition is allowed in the above terms.

SANJEEV SACHDEVA, J APRIL 5, 2022 'rs'

ARB.P. 978/2021