Jaideep Singh v. Govt. Of NCT Of Delhi & ORS.
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 196/2016 JAIDEEP SINGH ..... Petitioner Through : None.
versus GOVT. OF NCT OF DELHI & ORS.
..... Respondents Through : Mr Saurabh Chaddha, Advocate with Dr Deepak Kumar Singh (CMO), Department.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
O R D E R
% 23.09.2016 1.
The petitioner has filed the petition under Section 11 of the Arbitration and Conciliation Act, 1996 praying that an Arbitrator be appointed for resolution of the disputes.
2.
Notice in the petition was issued on 27.05.2016 specifically stating that reply to the petition may be filed within a period of three weeks from the receipt of notice. Subsequently, further time was also granted to the respondents to file their response. However, no reply has been filed as yet. 3.
The parties had entered into an agreement dated 05.05.2010 for captioned "Agreement for Nursing Orderly". It is stated that certain disputes have arisen in relation to the said contract. The said contract includes an arbitral clause, which reads as under:- "In the event of any dispute arising out in connection with the interpretation of any clauses in the terms and conditions of the contract agreement of other wise the matter shall be referred to the Arbitrator as appointed by Lt. Governor of Delhi, Courts at
Delhi, New Delhi shall have the Jurisdiction in connection with any dispute/litigation arising of this contract." 4.
The petitioner had filed several representations in respect of its claims. However, the same were not disposed of to the satisfaction of the petitioner. In the circumstances, the petitioner invoked the arbitration clause and issued a notice dated 01.05.2015, inter alia, calling upon the respondents for appointment of an Arbitrator. 5.
None of the aforesaid facts have been disputed by the learned counsel for the respondents. In the circumstances, Sole Arbitrator is required to be appointed for adjudicating the disputes between the parties. 6.
Accordingly, it is directed that an Arbitrator be appointed under the Rules of the Delhi International Arbitration Centre (DIAC). The representatives of the parties shall appear before the Co-ordinator, DIAC on 17.10.2016 at 11.00 AM. The arbitration shall be conducted under the aegis of DIAC and in accordance with its Rules.
7.
The petition is disposed of.
VIBHU BAKHRU, J SEPTEMBER 23, 2016 RK