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High Court of DelhiARB.P./513/2019

Murli Kumar v. Union Of India, Through Garrison Engineer (East)

2019-08-29Hon'Ble Mr. Justice V. Kameswar Rao2 pages

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 513/2019, IAs 11181/2019 MURLI KUMAR ..... Petitioner Through:

Mr.Surender Singh and Mr.Sanjay Kumar, Advs.

versus UNION OF INDIA, THROUGH: GARRISON ENGINEER (EAST) ..... Respondent Through:

Mr.Gaurav Rohilla, Sr. Govt. Counsel along with Mr. Tejender Singh, AGE

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 29.08.2019 1.

This is a petition filed by the plaintiff seeking appointment of an arbitrator.

2.

Mr.Gautam Rohilla, learned Sr. Govt. counsel for the respondent, states that in a similar matter this Court had also appointed an arbitrator and the respondent has no objection if such a recourse is adopted by this Court in this matter as well.

3.

Suffice would it be to state that earlier an arbitrator was appointed by the Department under the contract. It appears that the said arbitrator was an employee of the Respondent, who stopped functioning as an arbitrator. 4.

Now the issue has arisen for the appointment of a new arbitrator. 5.

My attention has been drawn to the order dated July 25, 2019 in ARB. P. 326/2019 between the same parties, wherein this Court had appointed an arbitrator but under the ageis of Delhi International Arbitration Centre. A

similar order is passed in this petition also. 6.

The petition is disposed of directing the Delhi International Arbitration Centre to appoint an arbitrator for adjudication of the inter-se disputes between the parties herein.

7.

The Arbitration proceedings and the fee shall be governed by the Delhi International Arbitration Centre Rules. V. KAMESWAR RAO, J AUGUST 29, 2019/bh