Ghulam Rasool v. Daryaganj Hospitality Pvt Ltd

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 972/2023 GHULAM RASOOL ..... Petitioner Through:

Mr. Siddharth Yadav, Sr. Adv. with Mr. Narender Lobiwal, Mr. Ankit Chadha, Advs.

versus DARYAGANJ HOSPITALITY PVT LTD ..... Respondent Through:

Mr. Arjun Maheshwari, Adv. (VC).

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 16.02.2024 1.

By way of the present petition filed under Section 11(4) of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the 'A&C Act'), the petitioner seeks appointment of Arbitral Tribunal comprising of a Sole Arbitrator to adjudicate the disputes between the parties.

2.

Learned counsel for the petitioner submits that the parties had entered into an Lease-Rent Deed/Agreement dated 01.04.2023. It is submitted that the said Agreement contains an arbitration clause (Clause-24), which provides that all disputes, with respect to the said agreement, shall be referred to arbitration as per provisions of the A&C Act, and further provides that the place of arbitration would be at Delhi. 3.

Disputes having arisen between the parties, the petitioner invoked The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

arbitration vide notice dated 17.08.2023.

4.

Learned counsel appearing for the respondent, on instructions, submits that the answering respondent has no objection to the matter being referred to the Arbitral Tribunal comprising of a Sole Arbitrator. 5.

Considering that both the parties have consented to the reference to the arbitral tribunal, the present petition is disposed of with the following directions:

i) The disputes between the parties under the said agreement are referred to the arbitral tribunal.

ii) As agreed by both the counsels for the parties, Mr. Kanhaiya Singhal, Advocate (Mobile No. 9212424765) is appointed as an Arbitrator to adjudicate the disputes between the parties. iii) 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 fee rules of the DIAC Schedule or as the parties may agree. iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference. v) 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 on merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator.

vi) The parties shall approach the learned arbitrator within two weeks from today.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

The petition is disposed of in the above terms. DINESH KUMAR SHARMA, J FEBRUARY 16, 2024/AR..

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.