Kanti Bijli Utpadan Nigam Ltd v. M/S Paltech Cooling Towers And Equipments Ltd & ANR.

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 136/2019 & I.A. No.2910/2019 (Stay) KANTI BIJLI UTPADAN NIGAM LTD ..... Petitioner Through:

Mr.Puneet Taneja & Ms.Laxmi Kumari, Advs.

versus M/S PALTECH COOLING TOWERS AND EQUIPMENTS LTD & ANR.

..... Respondents Through:

Mr.Nitin Mishra & Ms.Sakshi Mehley, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 13.03.2019 This petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') has been filed by the petitioner seeking appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Agreements dated 10.09.2011 executed between the parties.

The primary dispute raised by the petitioner is that on an application filed by the respondent, the Micro, Small and Medium Enterprise facilitation Council has appointed an Arbitrator who resides at Panchkula (Haryana). It is submitted by the petitioner that the Arbitration Agreement between the parties provides for the venue of arbitration to be at Delhi. Without prejudice to the submissions of the respondents, the learned counsel for the respondents submits that he has no objection if the venue of arbitration is shifted to Delhi. This suggestion is also agreeable to the petitioner.

In view of the above, the parties may approach the Arbitrator for shifting the venue of arbitration to Delhi. The parties agree that for shifting of the venue they shall bear the cost equally. This order has been passed with the consent of the parties and shall not be treated as a precedent or as an expression of any opinion made by this Court on the merits of the submissions.

It shall be open to the parties to agitate their claims and CounterClaims and make any other submission that they have in accordance with law in an appropriate proceeding.

Dasti.

NAVIN CHAWLA, J MARCH 13, 2019/rv