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High Court of DelhiO.M.P.(I) (COMM.)/90/2017

Rakesh Brothers v. Hscc (India) Limited

2017-07-28Hon'Ble Mr. Justice Jayant Nath1 pages

$~OS-10 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(I) (COMM.) 90/2017 RAKESH BROTHERS ..... Petitioner Through Mr.Anshul Mittal and Mr.Harshit Vashisht, Advs.

versus HSCC (INDIA) LIMITED ..... Respondent Through Mr.Saurabh Mishra, Mr.Vivek Tyagi and Mr. Abhishek Singh, Advs. for R-1.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 28.07.2017 The present petition is filed under Section 9 of the Arbitration and Conciliation Act, 1996 seeking appointment of a Local Commissioner for carrying out Joint Measurement and other reliefs. This court on 27.02.2017 had passed an order with the consent of the parties whereby joint measurement was to be carried out of the work done at the site. The said Joint Measurement has been carried out and the report of the Joint Measurement has been placed on record. Learned counsel for the parties agree that the petition may be disposed of as the parties are in the process of appointment of an arbitrator/arbitral tribunal. They submit that Joint Measurement would be available before the learned arbitrator to be dealt with them as per law including adjudication of any objections which have been noted in the report.

With the above observations, the petition stands disposed of. JULY 28, 2017/rb JAYANT NATH, J