Sunshine Green Udyog Private Limited v. Antara Purukul Senior Living Limited

$~O-7 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 807/2019 SUNSHINE GREEN UDYOG PRIVATE LIMITED ..... Petitioner Through:

Mr.Sanjeet Singh and Mr.Anish Sethi, Advocates versus ANTARA PURUKUL SENIOR LIVING LIMITED ..... Respondent Through:

Mr.Ajay Saroya, Advocate

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 22.01.2020 1.

The petitioner is seeking appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act with respect to its claims more than Rs.80,00,000/- against the respondent.

2.

The arbitration agreement between the parties is contained in clause 18 of the purchase order dated 26th October, 2015. The petitioner invoked the arbitration vide notice dated 17th October, 2019 which was replied to by the respondent on 25th October, 2019 and 20th November, 2019. 3.

The arbitration agreement and the invocation notice are not disputed. However, the respondent disputes the maintainability of the petitioner's claim which has to be considered by the arbitrator. 4.

The petition is allowed and Mr.J.P.Sengh, Senior Advocate (Mobile No.9810034286) is appointed as the sole arbitrator to adjudicate the disputes between the parties.

5.

The arbitration shall be conducted under the aegis of Delhi International Arbitration Centre.

6.

The learned arbitrator shall ensure the compliance of Section 12 read with Fifth, Sixth and Seventh Schedule of Arbitration and Conciliation Act, 1996 before commencing the arbitration.

7.

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. 8.

Copy of this order be sent to Delhi International Arbitration Centre (DIAC).

9.

Copy of this order be sent to the learned Arbitrator. 10.

Copy of this order be given dasti to counsel for the parties under signatures of the Court Master.

J.R. MIDHA, J.

JANUARY 22, 2020 mamta