Innovators Facade Systems Pvt. Ltd. v. Unitech Ltd.

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 500/2018 INNOVATORS FACADE SYSTEMS PVT. LTD. ..... Petitioner Through:

Mr. Nilendu Vatsyayan, Adv versus UNITECH LTD.

..... Respondent Through:

Mr. Atul Malhotra, Adv

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 29.10.2018 1.

Mr. Atul Malhotra has entered appearance on behalf of the respondent.

2.

Learned counsel says that he does not wish to file a reply as there is no dispute as to the existence of the Arbitration Agreement. 3.

It is however the submission of the learned counsel for the respondent that parties could attempt settlement in the matter prior to Arbitrator entering upon reference.

4.

Counsel for the petitioner says that he would have no difficulty if this suggestion made by counsel for respondent is accepted by the Court.

5.

Accordingly, the petition is disposed of with the following directions:

ARB.P. 500/2018

(i) Hon'ble Mr. Justice V.B. Gupta (M: 9871300039), Former Judge of this Court is appointed as an Arbitrator in the matter. (ii) Learned Arbitrator will be paid his fee according to the Fourth Schedule appended to the Arbitration and Conciliation Act, 1996. (iii) Learned Arbitrator will, however, not enter upon reference till 07.02.2019. In the interregnum, parties and their counsel will appear before Delhi High Court Mediation and Conciliation Centre on 14.11.2018 at 3:00 pm.

(iv) In case, additional time is required to arrive at a settlement, the learned Arbitrator will defer the proceedings only upon a joint written request made in that regard by counsel and their respective parties. RAJIV SHAKDHER, J OCTOBER 29, 2018 c ARB.P. 500/2018