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High Court of DelhiARB.P./233/2017

Jindal Dyechem Industries Pvt Ltd v. Aditya Buildwell Pvt. Ltd.

2017-05-09Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 233/2017 JINDAL DYECHEM INDUSTRIES PVT LTD ..... Petitioner Through:

None.

versus ADITYA BUILDWELL PVT. LTD.

..... Respondent Through:

Mr Sermon Rawat, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU % 09.05.2017

O R D E R

1.

The petitioner has filed the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereafter the 'Act'), inter alia, praying that an arbitrator be appointed to adjudicate the disputes that have arisen between the parties in relation to the Space Buyers Agreement dated 09.08.2016. The said agreement includes an arbitration clause. 2.

None appears for the petitioner. However, the learned counsel for the respondent states that he has no objection if a sole arbitrator is appointed to adjudicate the disputes between the parties. He also states that the respondent is ready and willing to resolve the disputes amicably without referring the same to arbitration.

3.

In the given circumstances, it is directed that an arbitrator be appointed under the Rules of Delhi International Arbitration Centre (DIAC). The parties are directed to appear before the Co-ordinator, DIAC on

01.08.2017 at 11:00 AM. The arbitration shall be conducted under the aegis of DIAC and in accordance with its rules.

4.

In the meanwhile, the parties are directed to appear before the Delhi High Court Mediation and Conciliation Centre (DHCMCC) for attempting an amicable resolution of the disputes. In the meanwhile the parties/representatives of the parties shall appear before the DHCMCC on 22.05.2017 at 4:00 PM and make an endeavour to settle their disputes before 01.08.2017. In the event, the parties are able to resolve the disputes they shall communicate the same to the Coordinator, DIAC and no further steps would be required to be taken by him. However, if the parties are unable to resolve the disputes before 01.08.2017, the parties shall proceed with the arbitration as directed.

5.

The petition is disposed of.

VIBHU BAKHRU, J MAY 09, 2017 MK