Vijay Kant Walia & ANR. v. North Star Apartments Pvt. Ltd.

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 172/2016 VIJAY KANT WALIA & ANR ..... Petitioners Through: Mr. Siddharth Yadav, Advocate.

versus NORTH STAR APARTMENTS PVT. LTD. ..... Respondent CORAM: JUSTICE S.MURALIDHAR

O R D E R

% 06.12.2016

1. The office note has been perused. A letter received from Mr. Rajiv Kumar Virmani, Senior Advocate stating that he does not wish to act as an Arbitrator.

2. In that view of the matter, the Court, accordingly, proposes that Mr. Naveen R. Nath, Advocate (Mobile No. 9810055157) be appointed as sole Arbitrator to adjudicate the disputes between the parties including their claims and counter-claims. The arbitration shall take place under the aegis of the Delhi International Arbitration Centre ('DAC'). In the first instance, the proposed Arbitrator will make a disclosure to the DAC in terms of Section 11 (8) read with Section 12 (1) of the Act and, thereafter, enter upon reference. DAC will provide to the parties with copies of the said disclosure. In the event the disclosure is not made within a reasonable time or such disclosure discloses the inability of the proposed Arbitrator to act as such, it will be open to the parties to apply to this Court for directions.

3. Subject to compliance with the above direction, Mr. Naveen Nath will act as Arbitrator and enter upon reference. The fees of the learned Arbitrator will be in terms of the Delhi High Court Arbitration Centre (Arbitrators' Fees) Rules.

4. A copy of this order be communicated to Mr. Naveen Nath as well as Additional Coordinator, DAC forthwith.

S.MURALIDHAR, J DECEMBER 06, 2016 Rm