Dalmia Continental Pvt.Ltd v. Lahar Enterpreises

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 464/2018 DALMIA CONTINENTAL PVT.LTD ..... Petitioner Through:

Mr. Rahul Malhotra, Adv versus LAHAR ENTERPREISES ..... Respondent Through:

Ms. Aditi Sharma with Mr. Neeraj Yadav, Advs

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 07.01.2019 1.

Ms. Aditi Sharma, who, appears for the respondent has returned with instructions.

2.

Learned counsel says that no reply has been filed as the respondent has no objection to the appointment of an Arbitrator by this Court.

3.

Ms. Sharma, however, says that the respondent does not accept the submissions made in the petition on the merits of the case and therefore, accordingly, the appointment of an Arbitrator should not be construed otherwise.

4.

Accordingly, at request of parties, Mr. Kamal Nijhawan, Adv (M: 9810077957), 479, Lawyers Chamber-II, Delhi High Court, who, is present in Court is appointed as an Arbitrator. ARB.P. 464/2018

5.

Mr. Nijhawan will be paid his fee in terms of provisions of Fourth Schedule appended to the Arbitration and Conciliation Act, 1996.

6.

Needless to say, it will be open to the respondent to defend the claim on merits and also, if found, necessary, lodge a counter claim in the matter.

7.

The petition is disposed of in the aforesaid terms. RAJIV SHAKDHER, J JANUARY 07, 2019 c ARB.P. 464/2018