Ss Energy Ventures Private Limited v. Green Infra Wind Power Generation Limited

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 399/2018 SS ENERGY VENTURES PRIVATE LIMITED ..... Petitioner Through:

Mr. Nishant Bhardwaj with Mr.

Kailash Sharma, Advs versus GREEN INFRA WIND POWER GENERATION LIMITED ..... Respondent Through:

Mr. Karan S. Chandhiok with Mr.

Mehul Parti and Mr. Savar Mahajan, Advs

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 07.09.2018 1.

Mr. Karan S. Chandhiok enters appearance on behalf of the respondent.

2.

Learned counsel says that since there is no dispute as to the existence of the Arbitration agreement, he does not oppose the prayer made in the petition, insofar as, it seeks appointment of an Arbitrator. 3.

Furthermore, learned counsel for the respondent says that he will have no difficulty, if this Court were to appoint an Arbitrator in the matter.

4.

In addition thereto, Mr. Chandhiok says that the arbitration proceedings can be conducted as per the fee and rules prescribed by the Delhi International Arbitration Centre (DIAC). ARB.P. 399/2018

5.

Likewise, counsel for the petitioner joins Mr. Chandhiok and says that he would have no difficulty, if this Court were to appoint an Arbitrator in the matter and as regards applicability of the rules and fee schedule prescribed by the Delhi International Arbitration Centre (DIAC).

6.

Accordingly, the petition is disposed of with the following agreed directions:- (i) Hon'ble Mr. Justice Shiavax Jal Vazifdar, former Chief Justice, Punjab and Haryana High Court (M: 9820102088) is appointed as an Arbitrator.

(ii) The arbitration proceedings will be conducted in accordance with the fees and rules prescribed by the DIAC. (iii) Since, the counsel for the parties intend attempting a settlement in the matter, the learned Arbitrator will not enter upon reference till 30.11.2018.

(iv) In the meanwhile, parties and their counsel will appear before the Delhi High Court Mediation and Conciliation Centre ('Centre'), on 17.09.2018 at 3:00 pm.

(v) Liberty is, however, given to the parties to approach the Arbitrator for accommodation, in case, there is a real possibility of arriving at a settlement under the aegis of the Centre. 7.

The Registry will dispatch a copy of this order to the learned Arbitrator as well as to the Coordinator DIAC. RAJIV SHAKDHER, J SEPTEMBER 07, 2018/c ARB.P. 399/2018