M/S Afcons Infrastructure Limited v. Ntpc Ltd.

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 375/2018 M/S AFCONS INFRASTRUCTURE LIMITED ..... Petitioner Through:

Mr Darpan Wadhwa, Sr. Advocate with Mr Pallav Pandey, Mr Kshitij Parashar and Mr Toyesh Tiwari, Advocates.

versus NTPC LTD.

..... Respondent Through:

Mr Tarkeshwar Nath and Mr Saurabh Kumar Tuteja, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 21.05.2018 IA No.7058/2018 1.

Allowed, subject to all just exceptions.

ARB.P. 375/2018 2.

The petitioner has filed the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act'), inter alia, praying that a Presiding Arbitrator be appointed as the arbitrators nominated by the parties are unable to concur on appointment of a third Arbitrator. There is no dispute as to the arbitration clause. The respondent does not contest that a Presiding Arbitrator is required to be appointed. Accordingly, Justice Manmohan Sarin, former Chief Justice of the J&K High Court is appointed as the Presiding Arbitrator.

This is subject to the Arbitrator

making the necessary disclosure under Section 12 of the Act and not being ineligible under Section 12(5) of the Act.

The parties are at liberty to approach the Arbitral Tribunal for further proceedings. 3.

The petition is disposed of.

VIBHU BAKHRU, J MAY 21, 2018 MK