Goyal Mg Gases Pvt. Ltd. v. Panama Holding Private Limited

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 305/2018 GOYAL MG GASES PVT. LTD.

..... Petitioner Through: Mr.Prashant Mehta, Ms.Vasundhra Bhardwaj, Advs.

versus PANAMA HOLDING PRIVATE LIMITED ..... Respondent Through: Mr.Ajay Jain, Mr.Pulkit Agarwal, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 29.05.2018 This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') seeking appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Agreement to Sell dated 2nd September, 2016. The said agreement to sell contain Arbitration Agreement in form of clause 10 thereof. Disputes having arisen between the parties, the petitioner invoked the arbitration agreement vide notice dated 3rd January, 2018. The petitioner also proposed names for appointment as Arbitrator. The respondent, however, did not accept these names in its reply dated 25th January, 2018. The petitioner has accordingly filed the present petition.

Counsel for the respondent submits that the respondent has no objection if an Arbitrator is appointed.

As the existence of the Arbitration Agreement and invocation

thereof is not disputed, I see no impediment in appointing a Sole Arbitrator.

I appoint Ms.Indermeet Kaur, Former Judge of this Court (R/o 62, Lodhi Estate, New Delhi-110003) as a Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the above-mentioned Agreement to Sell. The Arbitrator shall give her disclosure statement under Section 12 of the Act to the parties before proceeding with the reference. The petition is disposed of with the above directions with no order as to costs.

Dasti.

NAVIN CHAWLA, J MAY 29, 2018 RN