Xj Elevators India Pvt Ltd v. Metro Hospital & Heart Institute

$~21 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 333/2016 XJ ELEVATORS INDIA PVT LTD ..... Petitioner Through Mr.Amique Khalid, Adv. with Ms.Parika Gupta, Adv.

versus METRO HOSPITAL & HEART INSTITUTE ..... Respondent Through Ms.Sukirti, Adv.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN SINGH

O R D E R

% 30.08.2016 The petitioner has filed the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator. Reply has not been filed by the respondent.

Learned counsel appearing on behalf of the respondent states that the respondent has no objection if the prayer be allowed.

With the consent of the parties, the prayer made in the petition is allowed.

As agreed, the matter is referred to the Delhi International Arbitration Centre ('DAC') who will appoint an Arbitrator in accordance with the provisions of the Act.

The Arbitrator to adjudicate the disputes arising out of the agreement in question between the parties as mentioned in the present petition.

The parties are also allowed to file their respective claims and counter-claims before the Arbitrator. Parties to appear before the Arbitrator on 6th October, 2016 for directions. The arbitration shall take place under the aegis of DAC. The

Arbitrator shall ensure the compliance of the provisions of Arbitration and Conciliation (Amendment) Act, 2015 before commencing the arbitration. The fees of the learned Arbitrator shall be in terms of the schedule of the amended Act.

The petition is accordingly disposed of.

Copy of this order be given dasti to the learned counsel for the parties and a copy thereof be delivered to the Additional Coordinator, DAC forthwith.

MANMOHAN SINGH, J.

AUGUST 30, 2016/jk