Weavetex Technology & Services Privated Ltd. v. Union Of India & ORS
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 742/2019 WEAVETEX TECHNOLOGY & SERVICES PRIVATED LTD.
..... Petitioner Through Mr.Ashish Khorana Deepak, Adv.
versus UNION OF INDIA & ORS ..... Respondent Through Mr.Virender Pratap Singh Charak , Adv.with Ms.Annu Singh, G.P.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
O R D E R
% 30.01.2020 1.
The present petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeks appointment of a Sole Arbitrator to adjudicate the differences and disputes between the parties arising out of a Rate Contract dated 13.04.2016 awarded to the petitioner for supply of Gaberdine.
2.
Despite repeated opportunities no reply has been filed by the respondents. In these circumstances, right of the respondents to file the same shall stand closed and the petition is taken up for consideration.
3.
Though learned counsel for the petitioner draws my attention to the legal notices issued by the petitioner invoking the arbitration clause and the response thereto given by the respondents on 01.02.2019, from which it is evident that there are some disputes
between the parties regarding the rate contract dated 13.04.2016. I am, therefore, satisfied that these disputes needs to be adjudicated through arbitration in accordance with arbitral clause 26. 4.
The petition is, therefore, allowed and Ms.Isha Khanna, Advocate, (Mobile No.981105436) is appointed as sole Arbitrator to adjudicate the disputes and difference between the parties arising out of the rate contract dated 13.04.2016. The arbitration shall be conducted under the aegis of Delhi International Arbitration Centre (DIAC).
5.
Before commencing arbitration proceedings, the Arbitrator will ensure compliance of Section 12 of the Arbitration and Conciliation Act, 1996.
6.
The fee of the learned arbitrator shall be in accordance with the Schedule of fees prescribed under the Delhi High Court Arbitration Centre (Administrative Costs and Arbitrators' Fees) Rules. 7.
A copy of this order be sent to Delhi International Arbitration Centre (DIAC) as also to the learned Arbitrator. JANUARY 30, 2020/sr REKHA PALLI, J