Mohit Anand Design v. Sanjay Singh

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 76/2024 MOHIT ANAND DESIGN .....Petitioner Through:

Mr. Mohit Chaudhary, Mr. Kunal Sachdeva, Ms. Vaishali Shukla, Mr.

Nishant Walia and Mr. Abhishek Chabra, Advocates.

versus SANJAY SINGH .....Respondent Through:

Mr.

Devajyoti Bhattacharya, Advocate.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 28.10.2024 1.

The present petition under Section 15 of the Arbitration and Conciliation Act, 1996 has been filed by the Petitioner seeking substitution of Arbitrator to adjudicate upon the disputes which have arisen between the parties under the Interior Work Agreement dated 16.04.2022. 2.

Material on record discloses that a petition being ARB.P. 563/2024 under Section 11 of the Arbitration and Conciliation Act, 1996 had been filed by the Petitioner for appointment of an Arbitrator to adjudicate upon the disputes between the parties and this Court vide Order dated 03.05.2024 had appointed Justice G. P. Mittal, Former Judge of this Court, as an Arbitrator. However, on account of certain differences arose regarding payment of arbitral fee and the Ld. Arbitrator vide proceedings dated 21.06.2024 has recused himself from the arbitration proceedings. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 04:29:12

3.

This Court is not entering into the controversy as to whether fee schedule fixed by the Ld. Arbitrator was in consonance with the Rules governing Delhi International Arbitration Centre (DIAC) or not. 4.

In view of the fact that the Ld. Arbitrator has recused himself, this Court is inclined to appoint Ms. Asha Menon, Former Judge of this Court as an Arbitrator. The fee of the Ld. Arbitrator shall be fixed in terms of the Rules of DIAC.

5.

The Ld. Arbitrator is requested to hear the applications filed by the Respondent under Sections 16 and 17 of the Arbitration and Conciliation Act, 1996 at the earliest.

6.

The petition is disposed of, along with pending application(s), if any. SUBRAMONIUM PRASAD, J OCTOBER 28, 2024 S. Zakir The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 04:29:12