Techno Global Services Pvt. Ltd. v. Gail India Limited
$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 78/2024 TECHNO GLOBAL SERVICES PVT. LTD.
.....Petitioner Through:
Mr. Ajay Paul and Ms. Geetu Paul, Advs.
versus GAIL INDIA LIMITED .....Respondent Through:
Mr. Azmat H. Amanullah, Advocate
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 19.03.2025 1.
This Petition under Section 14 & 15 of the Arbitration and Conciliation Act, 1996 has been filed by the Petitioner seeking substitution of the Sole Arbitrator appointed by this Court vide Order dated 19.02.2024. 2.
Material on record indicates that the Petition under Section 11 of the Arbitration and Conciliation Act, 1996 has been filed by the Petitioner and this Court vide Order dated 19.02.2024 had appointed Justice Pradeep Nandrajog (Retd.) as the Sole Arbitrator to adjudicate upon the disputes which have arisen between the parties. However, the Sole Arbitrator has showed his inability to act as the Arbitrator, therefore the Petitioner has approached this Court by filing the instant Petition seeking appointment of a substitute Arbitrator.
3.
It is stated that both the parties have given their proposed list of Arbitrators which is not acceptable by each party. 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 24/03/2025 at 14:36:41
4.
Accordingly, Ms. Niharika Ahluwalia, Adv. (Mob No. 9818099957) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties.
5.
The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and would abide by its rules and regulations. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.
6.
The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the 1996 Act within two weeks of entering on reference.
7.
All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law.
8.
Needless to say, nothing in this order shall be construed as an expression of this Court on the merits of the contentions of the parties. 9.
The present petition stands disposed of in the above terms along with pending application(s), if any.
SUBRAMONIUM PRASAD, J MARCH 19, 2025 RJ 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 24/03/2025 at 14:36:41