Shri Brijesh Kumar v. Office Of Executive Engineer & ORS.

$~5 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 103/2018 SHRI BRIJESH KUMAR ..... Petitioner Through Mr Sanjoy Bhaumik, Advocate.

versus OFFICE OF EXECUTIVE ENGINEER & ORS.

..... Respondents Through Mr Rishi Vohra and Ms Kanika Singh, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 09.05.2018 1.

The petitioner has filed the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act'), inter alia, praying that an arbitrator be appointed to adjudicate the disputes that have arisen between the parties in relation to the Work Order dated 21.04.2014. 2.

On the previous hearing, that is, on 09.02.2018, the learned counsel for the petitioner had suggested names of four persons for being considered for appointment as an arbitrator. The learned counsel for the respondent states that she has instructions to agree for appointment of Mr S.P. Banwait, ADG, CPWD (Retired), [B-48-B, Gangotri Enclave, Alaknanda, New Delhi (Mobile No. 9873316686)] as an arbitrator.

3.

In view of the consensus between the parties, Mr S.P. Banwait, ADG, CPWD (Retired), (Mobile No. 9873316686) is appointed as the Sole Arbitrator to adjudicate the disputes falling within the scope of the

arbitration clause. This is subject to the arbitrator making the necessary disclosure under Section 12 of the Act and not being ineligible under section 12(5) of the Act. The arbitrator shall fix the arbitral fees in consultation with the learned counsel for the parties and having regard to Schedule IV of the Act 4.

The parties are at liberty to approach the arbitrator for further proceedings.

5.

It is clarified that all rights and contentions of the parties are reserved. 6.

The petition is disposed of in the above terms. VIBHU BAKHRU, J MAY 09, 2018 pkv