Awesome Interiors Pvt Ltd v. Lake Plaza Hotels Ltd & ORS

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 642/2018 AWESOME INTERIORS PVT LTD ..... Plaintiff Through Mr.A.K.Thakur with Mr..R.K.Mishra, Mr.Rishi Raj and Ms.Kavita Singh, Advocates.

versus LAKE PLAZA HOTELS LTD & ORS ..... Defendants Through Mr.Sidharth Chopra with Mr.Nitin Sharma and Mr.Dhavish Chitkara, Advocates for D-1 to 5 & 8.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 10.08.2018 I.A.No.7339/2018 Present application has been filed by defendant no.1 under Sections 5 & 8 of the Arbitration and Conciliation Act, 1996. Learned counsel for the plaintiff states that he has no objection if the present application is allowed provided an arbitrator is appointed with the consent of the parties and the defendant no.1 undertakes not to raise the issue of maintainability of the disputes (that form the subject matter of the present suit) before the Arbitrator. Learned counsel for defendant no.1 clarifies that as the said defendant has filed the present application under Sections 5 & 8 of the Arbitration and Conciliation Act, the defendant no.1 shall not raise the issue of maintainability of the disputes (that form the subject

matter of the present suit) before the Arbitrator. In view of the aforesaid statements/undertakings given by learned counsel for both the parties, this Court with consent of parties appoints Justice S.P. Garg (Retd.), Mobile No.9910384627 as the Arbitrator to decide the disputes between the parties. The Arbitrator shall be entitled to charge fees as per the Delhi International Arbitration Centre Rules.

The parties are directed to appear before the Arbitrator on 31st August, 2018 at 4.00 P.M.

MANMOHAN, J AUGUST 10, 2018 KA